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.
CITY
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.
PERSON
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.
SERVICE CONTRACT
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.
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.
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.