[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:
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.
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.
The difference between the sum paid by the service contractor
to the service worker and the 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:
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
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 contract that is:
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.
Awarded by the City to a service contractor
to provide one or more of the following services on a weekly or more
frequent basis:
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;
Security services on City property;
Custodial, cleaning and/or routine, nontechnical
maintenance services on City property;
Clerical or other nonsupervisory office work;
Transportation services to, from and among City
facilities;
Parking services on City property.
All service contracts satisfying the criteria
specified in this definition shall be designated as service contracts
by the Department of Finance.[1]
The person awarded a City service contract and includes all
subcontractors for said service contractor performing work on a City
service contract.
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:
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.
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.
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.
A.
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.
B.
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.
A.
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.
B.
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.
(1)
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.
C.
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:
(1)
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.
(3)
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.
(4)
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:
A.
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.
B.
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.
C.
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.
D.
Failed to provide to the Human Rights Advocate, in
a timely manner and on a regular basis, verification of wages paid
to service employees.
E.
Failed to cooperate with the City's audit of the service
contractor's payroll records.
A.
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:
(1)
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.
(2)
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.
B.
"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.
C.
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.
D.
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.
