[HISTORY: Adopted by the Council of the City of Meriden 11-20-2000. Amendments noted where applicable.]
The purpose of this chapter to establish a living wage for all service workers employed for work performed in execution of service contracts with the City of Meriden.
As used in this chapter, the following terms have the meanings indicated, unless the context clearly requires a different meaning:
- AFFORDABLE HOUSING
- Housing that houses families and individuals whose income does not exceed 80% of area income as defined by the Department of Housing and Urban Development.
- The government of the City of Meriden or any agency, board, commission, department or other entity thereof, or any successor thereto.
- CITY PROPERTY
- Land and buildings owned or leased by the City of Meriden, which property is used to house City programs or offices, and public streets, parks and spaces owned by the City; however, "City property" does not mean such property leased by the City to non-City persons, or such property obtained by the City for eventual sale or lease to non-City persons.
- FULL RESTITUTION
- The difference between the sum paid by the service contractor to the service worker and the living wage.
- LIVING WAGE
- An hourly wage rate which on an annual basis (based on 40 hours per week, 52 weeks a year) is equivalent to either of the following:
- A. One hundred ten percent of the federal poverty level for a family of four, if health benefits are provided to the employee. Health benefits, for the purpose of this chapter, mean paid comprehensive family medical coverage which does not require the employee to contribute more than 3% of his annual wages toward the payment of the health plan; or
- B. If health benefits are not provided to the employee, the employer must pay wages in accordance with Subsection A above and in addition make payments to its employee in lieu of health benefits, as determined by the City of Meriden. The City of Meriden shall calculate and set forth the amount of these payments in lieu of health benefits on a yearly basis, based upon the average cost of comprehensive health insurance in the State of Connecticut.
- Any individual, corporation, partnership, joint venture, or other entity; however, "person" does not mean a private corporation organized under Section 501(c)(3) of the Internal Revenue Code [26 U.S.C. § 501(c)(3)] whose chief executive officer earns a salary which when calculated on an hourly basis is less than eight times the lowest wage paid by the corporation or which employs 20 or fewer year-round employees in the City of Meriden.
- A. A contract that is:
- (1) Paid in whole or in part from one or more of the City's general funds, capital project funds, or special revenue funds and is in excess of $50,000.
- (2) Awarded by the City to a service contractor to provide one or more of the following services on a weekly or more frequent basis:
- (a) Food preparation and/or distribution on an ongoing basis on or to City property for programs of the City, except occasional meetings, receptions, or similar occasional functions;
- (b) Security services on City property;
- (c) Custodial, cleaning and/or routine, nontechnical maintenance services on City property;
- (d) Clerical or other nonsupervisory office work;
- (e) Transportation services to, from and among City facilities;
- (f) Parking services on City property.
- B. All service contracts satisfying the criteria specified in this definition shall be designated as service contracts by the Department of Finance.
- SERVICE CONTRACTOR
- The person awarded a City service contract and includes all subcontractors for said service contractor performing work on a City service contract.
- SERVICE WORKER
- Any employee of a service contractor or his subcontractor who performs one or more of the services specified in the definition of "service contract" above, pursuant to a service contract. However, "service worker" does not mean:
- A. An individual person whose wage rate is subject to a United States or Connecticut statute, law or regulation mandating a prevailing wage rate imposed by such statute, law or regulation, or any regulation duly promulgated pursuant to such statute, law or regulation by the United States, the State of Connecticut, or any official, department, agency, or other entity thereof.
- B. An individual person, the majority of whose employment duties constitute work as a carpenter, electrician, glazier, painter, roofer, or any other trade as defined by the Department of Labor of the United States or of the State of Connecticut.
- C. An individual who is under the age of 18 years or is in a youth employment program or is a student intern, or is an employee with a disability who is employed by a special needs employment program, or at the discretion of the City Manager if it is determined to be in the best interest of the City of Meriden.
All service contractors shall pay their service workers no less than the living wage. No service contractor may use the living wage requirement of this chapter to reduce the compensation paid to any of its service workers.
All requests for bids and requests for proposals for service contracts, whether advertised or informally solicited, shall include appropriate information about the living wage requirements.
The Finance Department shall establish such written procedures, require such record keeping and/or reporting, and provide for the monitoring or other review of the service contractor's records or reports as the Finance Department shall deem necessary for the faithful effectuation and enforcement of this chapter. These records and/or reports prepared by the service contractor shall be made available to the Finance Department, Human Rights Advocate and/or a designee of the City Manager during business hours upon request.
The Human Rights Advocate and/or a designee of the City Manager shall investigate violations of this chapter and make recommendations to the City Manager for enforcement. The City Manager shall consider these recommendations and take enforcement action, if a violation is found. The Human Rights Advisory Board shall receive annually a report by the Human Rights Advocate and/or a designee of the City Manager detailing the complaints of violations of this chapter and a report by the City Manager of all enforcement action taken.
Every service contractor shall post copies of documents, provided by the City of Meriden, stating the living wage applicable to service workers. In addition, such posting shall include a form which may be used by service workers to file a complaint for noncompliance with the provisions of this chapter. Such postings shall be made at the work site in a prominent place where all documents posted in accordance with this chapter may be easily seen and read by service workers. A copy of each document pertaining to this chapter shall be given by the service contractor to each service worker, who shall sign and date a form stating that he has received, read and understood the documents. The signed forms shall be kept by the service contractor on file and available to the City of Meriden upon request. A copy of each document shall be given by the service contractor to each service worker upon request of that service worker no later than the last hour of the service worker's next shift or the last hour of the next business day.
In the event that the City Manager determines that a service contractor has paid a service worker a sum less than the living wage for service work, the City Manager shall require the service contractor to make full restitution to the service worker in the service worker's next paycheck or within five business days if the service worker is no longer employed by the service contractor.
Fine. For each violation of Subsection B of this section, the City Manager shall levy upon and collect from the service contractor a fine, due and payable to the City within five business days, of $100 per day for such violation. A violation for purposes of this subsection shall mean one payroll, or payday or date of payment, regardless of the number of employees affected by each violation.
Additional fines. The City Manager shall levy upon and collect from a service contractor additional fines, dues and payable to the City within five business days, as follows:
For failure to rectify a violation of Subsection A of this section before the end of the business day following the day such service contractor received notice of such violation from the City Manager, $100 per day for every business day subsequent to the last day of such violation so noticed.
For failure to make proper, timely payment in full of any fine levied pursuant to this section, $100 per day from the day payment of such fine was due.
For failure to submit payroll records within one week of the payroll period, $10 per day for each day after such week shall expire.
In addition to other provisions of law or contract which may constitute grounds for termination, such contracts or grants may be terminated following a determination that a service contractor:
Failed to fully rectify or correct any violation of a provision of this chapter within 30 calendar days of receipt by the service contractor or the service contractor's agent of the notice of violation.
Failed to make full restitution to a service worker pursuant to the terms of this chapter within 30 calendar days of receipt by the service contractor or the service contractor's agent of the notice of violation.
Failed to pay any or all of any fine levied by the City Manager pursuant to any provision of this chapter within 60 calendar days of receipt by the service contractor or the service contractor's agent of the notice of violation.
Failed to provide to the Human Rights Advocate, in a timely manner and on a regular basis, verification of wages paid to service employees.
Failed to cooperate with the City's audit of the service contractor's payroll records.
In addition to other provisions of law or contract which may constitute grounds for ineligibility, the Purchasing Agent is authorized to declare a service contractor ineligible to obtain service contracts as provided herein:
The Purchasing Agent shall declare any service contractor whose service contract with the City was terminated pursuant to this chapter to be ineligible to contract with the City.
The Purchasing Agent may declare any service contractor who has committed three or more violations of the provisions of this chapter to be ineligible to contract with the City.
"Ineligible to contract with the City" means that such service contractor and any parent or subsidiary or related entity of such service contractor shall be ineligible to submit bids or proposals for any contract or other agreement with the City and shall be ineligible to enter into any contract or agreement (including a new contract or other agreement or a renewal or extension or amendment of an existing contract or other agreement) with the City.
Such period of ineligibility shall be for at least one but not more than three calendar years. At any time after the first year of ineligibility has been completed, the Purchasing Agent may declare that the period of such ineligibility is terminated.
Declarations made pursuant to this section shall be issued in writing to the service contractor, and the Purchasing Agent shall furnish copies of all such declaration promptly upon issuance to the Human Rights Advocate, the Human Rights Advisory Board, the City Manager, department heads and elected officials.
The Human Rights Advocate or other designee of the City Manager shall investigate violations of this chapter and make recommendations to the City Manager. The City Manager shall consider the recommendations and take enforcement action, if needed. An enforcement action issued by the City Manager shall be appealable by written notice by the service contractor to the Human Services Committee of the City Council within five business days after the receipt of the enforcement action by the Human Rights Advocate or the City Manager. The Human Services Committee may reverse the City Manager's determination by a majority vote.
Each January, the Human Rights Advocate, City Manager or a designee of the City Manager shall submit to the City Council and the Human Rights Advisory Board an annual report for the preceding year regarding the implementation of this chapter, including fiscal impact and the impact on hiring of Meriden residents.