2-92-610 Contracts requiring a base wage.

A. Definitions. For the purpose of this section only, the following terms shall have the following meanings:

1. "Contract" means any written agreement whereby the city is committed to expend or does expend funds in connection with any contract or subcontract which requires in the performance thereof the employment of full time non-city employed: security guards, parking attendants, day laborers, home and health care workers, cashiers, elevator operators, custodial workers and clerical workers except the term "contract" shall not include contracts with not-for-profit organizations.

2. "Contracting agency" means the City of Chicago or any agency thereof.

3. "Eligible contractors" means any person awarded by the City of Chicago or agency thereof a contract which requires in the performance thereof the employment of 25 or more full time non-city employed security guards, the employment of non-city employed parking attendants, the employment of non-city employed day laborers, the employment of non-city employed home and health care workers, the employment of non-city employed cashiers, the employment of non-city employed elevator operators, the employment of non-city employed custodial workers, and the employment of non-city employed clerical workers "eligible contractors" as used in this section shall not include any person or entity with fewer than 25 full time employees.

4. "Not-for-profit organization" means a corporation having tax exempt status under Section 501(c)(3) of the United States Internal Revenue Code and recognized under Illinois State Not-For-Profit Law.

5. "Base wage" means no less than $9.05 per hour. As of July 1, 2003, and each July 1 thereafter, the base wage shall be adjusted, using the most recent federal poverty guidelines for a family of four as published annually by the United States Department of Health and Human Services, to constitute the following: the poverty guideline for a family of four divided by 2,000 hours or the current base wage, whichever is higher.

B. Every contract of every eligible contractor shall contain a provision or provisions stipulating the wages required to be paid to the employees listed under paragraph A.1., and each such contract shall further contain provisions obligating the contractor or subcontractor of such contractor to pay its employees on work thereunder not less than the base wage.

C. The chief procurement officer may promulgate administrative rules and regulations to implement this section.

D. If the chief procurement officer has reason to believe that any employee listed under subsection A.1., has been paid less than the base wage, or upon receipt of a written verified complaint from an employee listed under subsection A.1. and affected by the provisions of this section, the chief procurement officer shall conduct an investigation to determine whether this section has been violated.

No eligible contractor or its subcontractor or any affiliated business entity within the meaning of Section 2-92-320 shall in any manner retaliate against, punish or penalize any person for complaining to, cooperating with, or assisting the chief procurement officer or any other person in an investigation, proceeding or hearing under this section. Any person who violates this subsection shall be fined $1,500.00 for each offense.

E. If an eligible contractor or its subcontractor or any affiliated business entity within the meaning of Section 2-92-320 violates the provisions of this section, that person shall be ineligible to contract with the City of Chicago as provided for in Section 2-92-320 and any contract entered into by that person with the contracting agency pursuant to subsection B. of this section shall be voidable at the option of the city.

(Added Coun. J. 7-29-98, p. 75801; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 11-6-02, p. 96506, § 1)