§ 2-207. Required contract provisions.

(a)

All contracts entered into by the City of Danbury for the construction, alteration or repair of any public building or public work and employing mechanics, laborers and workmen in the performance of work under the contract shall incorporate the following provisions:

(1)

Consistent with the requirements of section 8-7 of the Danbury Municipal Charter, concerning the employment of mechanics, laborers and workmen, the contractor and all lower tiered subcontractors shall give employment preference to citizens of the Danbury labor market area as established by the state labor commissioner in accordance with C.G.S. ch. 557, pt. III (C.G.S. § 31-52 et seq.) and C.G.S. § 7-112.

(2)

The contractor and all lower tiered subcontractors may hire mechanics, laborers and workmen who reside outside the Danbury labor market area if provisions of existing labor agreements prevent compliance with the requirements of this section, or if the specifically required skills are not available in the Danbury labor market. In either event, prior to commencement of performance, the contractor and all lower tiered subcontractors shall submit their reasons for such action in writing along with supporting documents to the City. Such documents may consist of, but need not be limited to, labor agreements, lists of names and addresses of mechanics, laborers and workmen or labor representatives contacted in the Danbury labor market area and lists of required positions for which personnel were not available in the Danbury labor market area. The contractor and all lower tiered subcontractors shall submit such relevant documents and other information as may be requested by the City to determine compliance with this section. In order to monitor compliance with this section the City may request relevant information and documentation from the contractor or from subcontractors at any time during the term of the contract. The contractor shall comply with or arrange for compliance with all such requests promptly.

(3)

Prior to the commencement of performance of contracts governed by this section the contractor shall forward a written statement indicating the name, address and occupational title of each mechanic, laborer and workman scheduled to perform work for the contractor under the contract. The contractor shall ensure that all lower tiered subcontractors provide similar information to the City with respect to their mechanics, laborers and workmen. The contractor and all subcontractors shall file written amendments to previously filed statements whenever new mechanics, laborers or workmen perform work under the contract. All such amended statements shall be filed before any new mechanic, laborer or workman commences work under the contract.

(4)

Every two (2) weeks during the term of the contract the contractor and all lower tiered subcontractors performing work under the contract shall forward payroll records to the City covering the preceding two-week contract period.

(5)

The contractor and all lower tiered subcontractors performing work under the contract must comply with the obligations established under state and federal laws to pay lawful prevailing rates to their employees. Pursuant to the provisions of C.G.S. § 31-53(h), the prevailing wage requirements do not apply to rehabilitation, remodeling, refinishing, refurbishing, alteration or repair of any project where the total cost of all work performed by contractors and subcontractors is less than one hundred thousand dollars ($100,000.00) or, with respect to new construction, where the total cost of all work performed is less than four hundred thousand dollars ($400,000.00).

(b)

All contracts entered into by the City of Danbury for the construction, alteration or repair of any public building or public work shall contain the following provisions providing for equal opportunity in employment.

(1)

The contractor and all lower tiered subcontractors agree and warrant that in the performance of work under this contract they shall not discriminate or permit discrimination in employment against any person or group of persons on the grounds of race, color, religious creed, age, marital status, national origin, sex, ancestry, present or past history of mental disability, mental retardation, learning disability or physical disability, including, but not limited to, blindness, or sexual orientation or civil union status, unless it is shown by such contractor or subcontractor that such disability prevents performance of the work under the contract. The contractor and all lower tiered subcontractors also agree that for purposes of monitoring compliance with the provisions of this section they shall provide the City with such information as may be requested concerning their employment practices and procedures. For purposes hereof, discrimination in employment shall include, but need not be limited to, employment advertising, recruitment, layoff, termination, rates of pay or other forms of compensation, conditions or privileges of employment and selection for apprenticeship.

(2)

The contractor and all lower tiered subcontractors shall post notices in conspicuous places on the project site describing the provisions of this subsection.

(3)

Nothing contained herein is intended or shall be construed to relieve any contractor or subcontractor from compliance with applicable federal or state law concerning equal employment opportunity, affirmative action or nondiscrimination.

(c)

All contracts entered into by the City of Danbury contemplating work utilizing trades or occupations for which state certified apprenticeship programs exist shall incorporate provisions requiring the contractor and all lower tiered subcontractors to be affiliated with such programs. The contractor or any lower tiered subcontractor may be relieved from compliance with the provisions of this subsection if provisions of existing labor agreements prevent compliance with the requirements hereof. In that event, prior to commencement of performance, the contractor or subcontractor shall submit their reasons for such action in writing along with supporting documents to the City. The contractor and all lower tiered subcontractors shall submit such relevant documents and other information as may be requested by the City to determine compliance with this section. In order to monitor compliance with this section the City may request relevant information and documentation from the contractor or from subcontractors at any time during the term of the contract. The contractor shall comply with or arrange for compliance with all such requests promptly.

(d)

All contracts entered into by the City of Danbury for the construction, alteration or repair of any public building or public work shall contain the following provisions concerning treatment of employees.

(1)

The contractor and all lower tiered subcontractors performing work under the contract shall properly classify workers as employees rather than as independent contractors and treat them accordingly for purposes of workers' compensation, insurance coverage, unemployment taxes, social security and income tax withholding.

(2)

The contractor and all lower tiered subcontractors must furnish, at their expense, hospitalization and medical benefits and coverage for all of their employees employed on the work under the contract.

(3)

For purposes of this subsection, any person who meets nine (9) or more of the following criteria shall be considered an employee:

a.

The person is required to comply with company instructions about when, where, and how work is done;

b.

The person has been trained by the company;

c.

The person is integrated into the company's general business operations;

d.

The person must render services personally;

e.

The person uses assistants provided by the company;

f.

The person has a continuing relationship with the company;

g.

The person is required to work a set number of hours;

h.

The person must devote substantially full time work to the company;

i.

The person works at the company's premises or job site;

j.

The person must perform work in a preset sequence;

k.

The person must submit regular progress reports;

l.

The person is paid by the hour, week, or month; payroll deductions include federal and/or state income taxes, FICA insurance;

m.

The person is reimbursed for all business and travel expenses;

n.

The person uses company tools and materials;

o.

The person has no significant investment in the facilities that are used;

p.

The person has no risk of loss;

q.

The person works for only one (1) company;

r.

The person does not offer services to the public;

s.

The person can be discharged by the company;

t.

The person can terminate the relationship without incurring liability.

(4)

The contractor and all lower tiered subcontractors performing work under the contract and utilizing the services of mechanics, laborers or workmen who are not classified as employees under this subsection shall provide written notice to said mechanics, laborers and workmen of their status as independent contractors. Said notice shall include a provision advising the mechanics, laborers and workmen that they are not eligible for workers' compensation, health insurance, or unemployment compensation from the contractor or subcontractor.

(e)

The contractor shall incorporate the requirements of this section in each subcontract and require that each subcontractor incorporate the requirements of this section in all subsequent subcontracts such that all lower tiered subcontractors performing work under the contract shall be bound by the terms hereof.

(f)

If after review the City determines that the contractor or any lower tiered subcontractor has failed to comply with this section, in addition to any other remedy available to it, the City may require corrective action to be taken by the contractor or it may terminate the contract.

(Code 1961, § 2-149; Ord. No. 425, 9-4-1991; Ord. No. 454, 2-2-1993; Ord. No. 545, 5-2-2000)