2006_0821_Packet - Laserfiche WebLink

Home

Cf-3�PTE1z 3�5. LIVI NG WAGE AND [��SP(71��SIB1�E t'U�I..�C' SPENDING 12EC;UI�A... page 4 of � m. Temporary internships or similar positions that are intended to provide career exposure to new entrants into the relevant workforce; n. Conduit bonds and 50'i (c� bonds; and o. 50i(c} entities that provide health and social services directly to low-income and at-risk populations. (2) Historic preservation projects are exempted from living wage requirements except for jobs created as a result of the renovation, in which case at least seventy-five (75) percent of the new workers must be paid a living wage. (d) Enforcement. (1) A recipient of a city contract that fails to meet the living wage requirement at any time during the duration of the contract shall not eligible for a city contract in the next _ contract cycle or the next calendar year. Any recipient of a city contract that fails to meet � the living wage requirement shall be liable to the city for liquidated damages at twenty � (20) percent of the value of the contract. � (2) A recipient of a city business subsidy that fails to meet the living wage requirement � at any point in the duration of the subsidy within the agreed upon timeframe for the creation of living wage jobs shall not be eligible for a business subsidy for the next calendar year. Any recipient of a city business subsidy shall be liable for liquidated damages to the city. The amount of damages shall be four (4) times the value of the subsidy proportional to the rate at which the recipient failed to create living wage jobs. For example, if a recipient received a subsidy of one million dollars ($1,Od�,000.00} and only created thirty-nine (39) living wage jobs, instead of forty (40)„ it would owe one hundred thousand dollars ($1p0,000.00} to the city or four (4) times their proportional rate of failure of twenty-five thousand dollars ($25,000.44}. (3) No city contractor, subcontractor or recipient of a city business subsidy shall discharge, demote, harass, or otherwise take adverse action against any individual because such individual seeks enforcement of the living wage requirements or testifies, assists, or participates in any manner in an investigation, hearing, or other proceeding to enforce this chapter. (4) No city contractor or recipient of a city business subsidy shall split or subdivide a contract or subsidy, pay an employee through a third party, or treat an employee as a subcontractor or independent contractor to avoid payment of a living wage. Work presently being performed by city employees may not be contracted out unless the contractors pay employees performing that work a living wage or the current city wage and benefits for similar work, whichever is higher. (5) This chapter's business subsidy provisions shall be enforced by the department of community planning and economic development, or its successor agency, which shall promulgate regulations as are necessary to implement and administer compliance. This chapter's contract provisions shall be enforced by the civil rights department or its successor agency, which shall promulgate regulations as are necessary to implement and administer compliance. (6) Upon the request of the appropriate city staff, each city contractor or city business subsidy recipient shall furnish within five (5) working days, a copy of payrolls showing wages paid or records substantiating jobs created from the business subsidy. In the event of noncompliance with staff requests for records and documents, city staff shall promptly notify the city finance officer who shall withhold payments for such periods of noncompliance. During the course of and upon completion of the contract workor business subsidy work, city staff shall have the right to require an appropriate audit of contractor's books to determine compliance or noncompliance with the provisions of this I1lIp= �r I]�FL I ��.fi'iLl I11Ci}LE�. L`i Flll�lllC'C��I1C V Iti'.w.� ] I =1 �)+J� ] ��CM.�� ![f ] �f��7�� -