§ 3-66. Quality Services Assurance Act.

(a)

If the estimated consideration for a city service contract exceeds $160,000.00, the city manager or manager of procurement services shall require potential contractors to submit information and documentation regarding the following areas prior to contract award to ensure that experienced, motivated and trained workers will staff the city service contract:

(1)

Turnover rate for the last three calendar years for non-exempt employees and exempt employees; and

(2)

Employee benefits provided to exempt and non-exempt employees; and

(3)

Training provided to exempt and non-exempt employees, including those that will provide services to the city; and

(4)

Promotional opportunities for non-exempt and exempt employees; and

(5)

Average tenure of exempt and non-exempt employees during the immediately preceding three calendar years; and

(6)

Employee incentive rewards and employee recognition policies; and

(7)

Employee feedback and communication; and

(8)

Mentorship programs; and

(9)

Education benefits for exempt and nonexempt employees; and

(10)

Any other information or documentation required by the city manager or manager of procurement services.

(b)

In lieu of a potential contractor complying with subsection 3-66(a), a potential contractor may certify and contractually agree to pay all employees employed on a city service contract that perform services in the corporate limits of the city, not less than the following hourly wage rates:

(1)

Beginning May 1,2018: $10.00; and

(2)

Beginning September 1,2019: $11.25; and

(3)

Beginning September 1, 2020: $12.50; and

(4)

Beginning September 1, 2021: $13.75; and

(5)

Beginning September 1, 2022: $15.00.

(c)

For purposes of subsection 3-66(b), the following definitions apply:

(1)

Apprentice means a person bound to serve another for a specified time in order to learn some art, trade, profession, or business;

(2)

Base wage means the minimum hourly rate of compensation that an employee who customarily and regularly receives more than $30.00 a month in tips shall be paid;

(3)

Commission means a payment based on a percentage of the value of sales or other business done;

(4)

Tip means a gratuity earned by an employee for providing good service.

(d)

For purposes of subsection 3-66(b), the following shall not be considered employees:

(1)

An individual employed by the United States, the State of Missouri or any political subdivision of the state other than by the city;

(2)

An individual engaged in the activities of an educational, charitable, religious or nonprofit organization where the employer-employee relationship does not, in fact, exist or where the services rendered to such organizations are on a voluntary basis;

(3)

Apprentices in a registered apprentice program recognized by the state or the Federal Bureau of Apprenticeship and Training, as well as any apprentice participating in an apprenticeship program providing significant instructional and practical experience and offered by the city.

(4)

Temporary employees of an educational, charitable or religious youth camp or retreat where room and board are provided to the employee, or if a day camp, where board only is provided. To qualify under this exemption the employer must hold a valid certificate issued annually by the director of the state department of labor pertaining to exemption of seasonal employees;

(5)

Any employee that is the parent, spouse, child or other member of the employer's immediate family; for purposes of this subsection, the employer shall include the principal stockholder of a family corporation;

(6)

Interns working for a business for academic credit in connection with a course of study at an accredited school, college or university; and

(7)

Persons working for a business in connection with a court-ordered community service program.

(e)

For purposes of subsection 3-66(b), an employee who customarily and regularly receives more than $30.00 a month in tips and/or commissions shall be paid at least a base wage equivalent to 60 percent of the hourly wage rate established by subsection 3-66(b). Initially the base wage rate shall be $6.00. That wage will increase simultaneously and proportionately with each hourly wage rate increase. The employer may consider tips and commissions as part of wages, but the tips and commissions combined with the employer's payment of wages to the employee shall not equal less than the hourly wage rate as provided in subsection 3-66(b). In the event an employee earns insufficient tips and/or commissions combined with the base wage to receive a wage at least equal to the hourly wage rate established by subsection 3-66(b), the employer shall pay the employee the difference to ensure the employee receives a wage equal to the hourly wage rate established by subsection 3-66(b). All tips received by such employee shall be retained by the employee, except that nothing in this section shall prohibit the pooling of tips among employees. Where employees practice tip pooling or splitting (as where staff give a portion of their tips to bus persons), only the amount actually retained by each employee shall be considered part of that employee's wages.

(f)

For purposes of this section 3-66, the term "city service contract" includes the following types of procurements and contracts for services:

(1)

Alternative construction delivery method; and

(2)

Concession contract for services; and

(3)

Construction contract; and

(4)

Design build contract; and

(5)

Design professional contract; and

(6)

Information technology procurements, excluding software as a service, and hardware contracts; and

(7)

Invitation for bids; and

(8)

Qualification-based selection process; and

(9)

Reverse auction; and

(10)

Request for proposals; and

(11)

Request for qualifications; and

(12)

Term supply contract for services; and

(13)

Term supply contract for services combined with goods, supplies, materials, equipment, or any combination of, if city staff estimates the services are more than half of the estimated value of the term and supply contract.

(g)

The term "city service contract" excludes the following types of procurements and contracts for services:

(1)

Cooperative agreement; and

(2)

Cooperative procurements; and

(3)

Non-municipal agency contracts; and

(4)

Piggybacking; and

(5)

Purchasing pool and/or cooperative; and

(6)

Sole brand purchase; and

(7)

Term supply contract for goods, supplies, materials, equipment, or any combination of if city staff estimates the services are 50 percent or less of the estimated value of the term and supply contract.

(h)

The monetary amount set forth in subsection 3-66(a), shall be automatically adjusted in accordance with section 3-91.

(i)

Notwithstanding subsections 3-66(a) and (b), the city manager and the manager of procurement services are authorized to require potential contractors to submit any documentation and information they deem necessary from potential contractors on all city service contracts.

(j)

This section 3-66 shall apply to all applicable city service contracts, solicitations, and procurements commenced on or after May 1, 2018.

(Ord. No. 170665 , § 1, 10-19-17)