(a) The Living and Prevailing Wage Review Committee will be responsible for oversight of this section and the Office of Contract Compliance shall be responsible for enforcement. The Living and Prevailing Wage Review Committee will be appointed by the Mayor, thirty (30) days after passage of this legislation, and subject to confirmation by Toledo City Council. It shall be composed of (7) members with one representative from business; one representative from AFL-CIO; one representative the Northwest Ohio Building and Construction Trades Council; one representative from city council; one representative from a community development corporation; one representative from the Development Department; and, one representative from the Office of Contract Compliance.
(b) The Office of Contract Compliance shall investigate employee or interested party complaints of violation of this section and forward each complaint of violation, upon its receipt, to the Living and Prevailing Wage Review Committee who shall monitor the investigation and the resolution of the complaint. The Living and Prevailing Wage Review Committee shall review the resolution of each complaint, as reported by the Office of Contract Compliance and may forward all unresolved matters to the Director of Law for any appropriate legal action.
(c) All City contracts shall provide that upon a violation of any provision of this section the City financial assistance recipient, contractor or subcontractor who is out of compliance shall have thirty (30) days to come into compliance. Such contracts shall further provide that after thirty (30) days if the City financial assistance recipient, contractor or subcontractor remains out of compliance, the City may terminate the contract and otherwise pursue legal remedies that may be available including the repayment of, or payment for, all or part of the financial assistance provided. If a City financial assistance recipient, contractor or subcontractor violates the provisions of this section twice, the City shall terminate all contracts already in force and that City financial assistance recipient, contractor or subcontractor shall be prohibited from receiving City financial assistance or contracting with the City for a period of five (5) years.
(d) City contracts to which this section applies shall expressly prohibit retaliation against any employee who claims violation of the provisions of this section or reports or testifies regarding an alleged violation.
(e) A City financial assistance recipient, contractor and/or subcontractor, subject to this section, shall post a notice stating that the employees may be subject to this ordinance; the current living wage with and without single coverage medical benefits; or the applicable prevailing wage rate for the project as established by the Ohio Department of Industrial Compliance (ODIC) for the Toledo area. The Living Wage notice shall be written in English as well as Spanish and shall state the following: "This employer is subject to the Living Wage and must be paying his employees $8.58 per hour or 110% of the updated federal poverty level for a family of four plus making available single health coverage in an amount not to exceed 15% of the employee's monthly wages. If the employer does not provide single health coverage, the wages must be $ 10.15 per hour or 130% of the updated federal poverty level".
(f) The City financial assistance recipient, contractor and/or subcontractor, subject to this section must twice yearly give to his/her employees a notice stating that the employee may be subject to the living wage ordinance and explaining the current living wage amount with and without single medical coverage. Employees may report any violations of this ordinance to the Living Wage Review Committee after attempting to resolve this matter with the employer.
(g) The Living and Prevailing Wage Review Committee and the Director of Law shall conclude the investigation conducted under Section 187.43(b) and make a determination within 90 days after the complaint is filed.
(Ord. 294-23. Passed 5-30-23.)