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Responsible Employer Ordinance
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Responsible Employer Ordinance
a) The
city council hereby finds and determines that the failure of certain
construction
firms
awarded contracts funded by the city to include and enforce provisions
requiring
compliance
with state laws governing the payment of prevailing wages, the provision
of
workers compensation coverage, and the proper classification of individuals as
employees
and not as independent contractors, as well as provisions concerning
health
insurance coverage and state-certified apprenticeship programs, is injurious to
the
life, health and happiness of individuals employed by such firms and is
deleterious
to the
quality of life in the city where most of such individuals reside.
(b)
Every contract awarded by the city under G.L. c. 149, S 44A(2) where the amount
of
the
contract is more than one-hundred thousand dollars, and any subcontract
awarded
in connection with any such general contract where the amount of such
subcontract
is more than twenty-five thousand dollars, shall be deemed to incorporate
by
reference the provisions of sub-parts (1) through (5) of this subsection
together
with
the provisions of subsections (c), (d) and (e) of this section.
(1) The
bidder and all subcontractors under the bidder shall comply with the
requirements
of G.L. c. 149 concerning the payment of prevailing wage rates to
their
employees;
(2) The
bidder and all subcontractors under the bidder must maintain and participate in
a bona
fide apprentice training program as defined by G.L. c. 23, SS 11H & 11I for
each
apprenticeable trade or occupation represented in its workforce that is
approved
by the division of apprentice training of the department of labor and
industries
of the commonwealth and must abide by the apprentice to journeymen
ratio
for each trade prescribed therein in the performance of the contract;
(3) The
bidder and all subcontractors under the bidder must furnish, at its expense,
hospitalization
and medical benefits for all individuals employed on the project or
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coverage which is comparable to the hospitalization and medical benefits
provided
by the
health and welfare plans in the applicable craft recognized by G.L. c. 149, S
26, in
establishing minimum wage rates;
(4) The
bidder and all subcontractors under the bidder must maintain appropriate
industrial
accident insurance coverage in accordance with G.L. c. 152 for all
individuals
employed on the project;
(5) The
bidder and all subcontractors under the bidder must properly classify
individuals
employed on the project as employees rather than independent
contractors
and comply with all laws concerning workers' compensation insurance
coverage,
unemployment taxes, social security taxes and income taxes as respects
all
such employees.
c) All
bidders and all subcontractors under such bidders who are awarded, or otherwise
obtain,
contracts from the city on projects governed by G.L. c. 149 S 44A(2), shall
comply
with the obligations described in sub-parts (1) through (6) of subsection (b)
of
this
section for the entire duration of their work on the project and an officer of
each
such
bidder or subcontractor under the bidder shall certify under oath and in
writing on
a
weekly basis that they are in compliance with these obligations.
d) Any
bidder or subcontractor under the bidder who fails to comply with any of the
obligations
described in sub-parts (1) through (6) of subsection (b) of this section for
any
period of time, or fails to comply with the weekly certification obligations
described
in
subsection (c) of this subsection shall be subject to any or all of the
following
sanctions:
(1)
temporary suspension of work on the project until compliance is obtained; or,
(2)
withholding by the city of payment due under the contract until compliance is
obtained;
or,
(3)
permanent removal from any further work on the project; or,
(4)
recovery by the city from the general contractor of 1/10 of 1% of the general
contract
or
$1,000.00, whichever sum is greater, in the nature of liquidated damages
assessed
for each week that the general contractor is in non-compliance or, if a
subcontractor
is in non-compliance, the recovery by the city from the general
contractor
as a back-charge against the subcontractor of 1/10 of 1% of the
subcontract
price, or $400.00 whichever sum is greater, in the nature of liquidated
damages
assessed for each week that the subcontractor is in non-compliance.
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(e) In
addition to these sanctions a general bidder or contractor shall be equally
liable for
any
violation of the obligations described in sub-parts (1) through (5) of
subsection (b)
of this
section committed by any of its subcontractors or sub-bidders, excepting only
those
violations which arise from work performed by subcontractors with subcontracts
governed
by G.L. c. 149, S44F. Any contractor or subcontractor who has been
determined
to have violated any of the provisions of subsections (b) or (c) of this
section
shall be barred from performing any work on any future contracts awarded by
the
city for six months for the first violation, three years for the second
violation, and
permanently
for a third violation.
(f) The
provisions of this section shall not apply to construction projects for which
the low
general
bid was less than one-hundred thousand dollars, or to work performed
pursuant
to subcontracts governed by G.L. 149, S44F where the bid for such
subcontract
was less than twenty-five thousand dollars.
(added
1/17/2002)
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