(a) All bids, proposals and applications for City Service Contracts or for Assistance shall contain the following:
(1) The number of persons employed by the applicant for a service contractor or assistance and, if different, the number of persons who will be employed if the applicant obtains the contract;
(2) Whether the employer provides or offers to provide health care insurance for its employees and the basic outlines of any health care plan;
(3) A sworn declaration signed by a duly authorized officer of a Covered Employer stating that the applicant will comply with the requirements of this Ordinance;
(4) As to any applicant awarded a contract for Assistance, such information will be provided to City Council for consideration in connection with any ordinance authorizing such contract. The information will be maintained in the Council legislative file for the ordinance and shall be provided by the Applicable Department to the Fair Employment Wage Board;
(5) As to any applicant awarded a service contract, the following information shall be provided to the Clerk of City Council: amount of the contract, name of the contractor, service to be provided, and a sworn affidavit stating that all covered employees are being paid a Fair Employment Wage.
(b) All City Service Contracts and Assistance Agreements subject to this chapter shall contain the following language:
This agreement is subject to the City of Cleveland Fair Employment Wage Chapter 189 of the Codified Ordinances and requires, among other things, that unless specific exemptions apply, Covered Employers, as defined, under contracts with the City and recipients of City financial assistance, as defined, shall provide payment of a minimum level of compensation to employees. Failure to comply with that chapter and/or any implementing regulations may result in termination of the contract or debarment from future contracts or financial assistance.
(c) Maintenance of Payroll Records. Each Covered Employer shall maintain payrolls for all Covered Employees and basic records related thereto and shall preserve them for a period of three (3) years following termination of the Covered Employer’s agreement with the City. The records shall contain the following for each Covered Employee:
(1) His or her name and address, job title and classification;
(2) The number of hours worked each day, gross wages earned, deductions made, and net wages paid;
(3) A record of contributions to health care plans; and
(4) Any such other data the Applicable Department or Cleveland City Council may require.
(d) Access. Upon demand by the Applicable Department, Covered Employers shall provide to such department access to the Payroll Records required to be maintained by this section, and will permit representatives of such department to observe work being performed upon the work site and to interview employees as deemed necessary by the department to monitor compliance or to investigate a charge of noncompliance with the terms of this chapter.
(e) Notice Requirements.
(1) Covered Employers shall be required to provide notice to Covered Employees of their rights arising from this chapter. The notice will be provided by the FEWB and must be posted in a conspicuous place frequented by Covered Employees in the Covered Employer’s workplace(s).
(2) Covered Employers shall inform employees making less than twelve dollars ($12.00) per hour, or such amount as may be modified from time to time by federal law, of their possible right to the federal Earned Income Credit (“EIC”) under Section 32 of the Internal Revenue Code of 1954, 28 U.S.C. 32, as may be amended from time to time, and shall make available to employees forms informing them about the EIC and forms required to secure advance EIC payments from the employer within thirty (30) days of employment. The forms shall be provided to the eligible employees in English, Spanish and other languages spoken by a significant number of employees.
(3) Covered employer shall establish a goal that at least forty percent (40%) of persons newly hired to perform work on service contracts or contracts receiving Assistance shall be residents of the City of Cleveland.
(f) Compliance with Federal Labor Laws. Covered Employers must comply with all applicable federal labor laws, including the National Labor Relations Act.
(Ord. No. 2009-A-99. Passed 6-19-00, eff. 7-29-00 without the signature of the Mayor)