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07-553CouncilFileti 07-553 Green Sheet # 3041010 RESOLUTION SAINT PAUL, MINNESOTA Presented by RESOLUTION APPROVING REGULATIONS TO IMPLEMENT AND ADMINLSTER TAE CITY OF SAINT PAUL LIVING WAGE ORDINANCE �''/ WHEREAS, on January 3, 2007, the Saint Paul City Council adopted the Saint Paul Living Wage and Responsible Public Spending Ordinance (Council File No. 06-1071) ("Living Wage Ordinance"), which ls codified as Chapter 98 to the Administrative Code, for tlie pwpose of establishing Saint Paul's living wage requiremenu; and WI3EREAS, City sYaff of the Depar[men[s of Office of Financial Services and Planning and Economic Development have pzoposed and submitted for City Council for its approval joint regulations ("Regulations") to implement and administer compliance with [he Living Wage Ordinance. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City oF Saint Paul, Minnesota as follows: Approval is hereby given to the Regulations which shall be followed by the Department of Planning and Economic Development and the Office of Financial Services to implement and administer compliance with the Living Wage Ordinance. Benaz,a� Bostrom Harris Yeas ✓ Requested by Departmen[ o£ .�,� r o�sS ���t�� � By: � ........ v d '�, Thune �/ Form Approve y to Ie r� � °` B Adopted by Council: Date (/�`/� ,�7 0 `((1�' Adoption Certified by Coun il Secretary Fo p roved by Ma for Submission to Council By: ��laa�i� / ni%�'�/�i7 B . Approved by May . Date t�, 02� OL' BY ��� G� � / 07-553 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � MO —MayotsOffce CoMact Person & Phone: Kris Fredson 266-85.'i4 Mus[ Be on Councii Agen Doe. Type: RESOLUTION EDOCUment Required: Y Document Contact: ConWCt Phone: Green Sheet NO: 3041010 0 �Ytavor's Office I i �_ 1 3�3avor'SOfftce { DeDazimentD'uector 2 ity Akorne➢ � � 3 vor's 06ce ' Mavor/Assistant I 4 al 5 ity Clerk City Clerk 7otal # of Signature Pages _(Clip All Lxations for Signature) Action Requested: Ciry Council approval of Living Wage joint regulations. idauons: v,pprove (q) o� tte�ect (n): rersona� aerv�ce con[racw musc ianswer ine ronowmg uuesuons: Planning Commission 1. Has this person/firtn ever worked under a contract for this department? GIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Dces this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): "Living W age" sabcommittee has completed its work on the regula6ons required by the new Living W age Ordinance. City staff of the Departrnents of Office of Fi�ancial Services and Planning and Economic Development have proposed and submitted for City Council for its approval joint regulations ("Regulations") to implement and administer compliance with [he Living Wage Ordinance. Attached is the proposed packet. AdvanWges If Approved: k 5 Disadvantages lf Approved: 79-JUN-07 � Assign Number For Routing O�der i` � 9 � v LEDi! ,.,,, . _. ; ;i . � , �' ` ' . _ . �� . - Disadvantages If Not Approved: Transaction: Fuading Sauroe: Financial Intormation; (Ezplain) Activity Num6er: � �R'�4`gjt;�'• �sR�P JUN2022�?? CosVRevenue Budgeted: June 19, 2007 2:50 PM Page 1 07-553 Regularions to Implement and Administer the City of Saint Paul Living Wage Ordinance [Adopted by City Council on , 2007] T`hese regulations are adopted in accordance with Saint Paul Administrative Code §98.04.F.(4) to implement and administer compliance with the Saint Paul Living Wage and Responsible Public Spending Ordinance that is codified as Chapter 98 of the Saint Paul Administrative Code ("Ordinance"). These regulations apply to both a City Contract and a City Business Subsidy as defined in the Ordinance. The Ordinance shall be enforced by the Office of Financial Services ("OFS") with respect to a City Contract and by the Department of Planning and Economic Development ("PED") with respect to a Ciry Business Subsidy. Terms used in these regulations aze defined in either the Ordinance or these regulations. L Inclusion of Livin� Wase Requirement in Bids or Request for Proposals ("RFPs") for Citv Contracts A. The Living Wage language set forth in Attachxnent A will be included by the OFS in all bids or RFPs for City Contracts. B. Any person responding to a bid or RFP for a City Contract who believes that it is exempt from the requirements of the Ordinance must provide documentation to OFS that they meet one of the criteria for exemption under Section 98.04.8. of the Ordinance. II. Inclusion of Livin¢ Waee Requirements in Citv Contracts and Citv Business Subsidies; Noti£cation to Emplovees. A. Each City Contract and City Business Subsidy shall contain language requiring a City Contractor, City Subcontractor, City Business Subsidy recipient or Tenant to comply with the Ordinance and these regulations. B. Every City Contractor, City Subcontractor, City Business Subsidy recipient and Tenant shall submit a certification that it has complied with the notification requirements of Secfion 98.04.F.(5) of the Ordinance at the commencement of the City Contract or City Business Subsidy. For a City Contract the certification must be sent to the OFS and for a City Business Subsidy the certification must be sent to PED. C. Notification of the Ordinance requirements to employees must be contained in the same posted notices required by the Deparhnent of Human Rights for affirmative action. Each employee must sign a statement acknowledging receipt of a copy of the Ordinance. III. Annual ReportinE, Records. A. Every City Contractor and subcontractor contracted on behalf of PED, and every City Business Subsidy recipient and Tenant, shall submit a certification of norification to employees and payment of living wage to PED for a City Business Subsidy in the form of Attachment B for the reporting period ending on December 31of each year of the City Business Subsidy and of the City contract ��-ss� for PED, and at the end of the contract term. The forms shall be submitted within ten days after the end of the reporting period. Every City Contractor shall submit a certification to the OFS that it has complied with the notification requirements of Saint Paul Administrarive Code §98.04.F. 5 at the commencement of the contract term, and that it will pay Living Wage to those employees engaged in the execution of the contract services, in the form of Attachxnent C, which shall be submitted prior to initiation of any services under the City Contract. B. Upon request by OFS or PED, every City Contractor, City Subcontractor, City Business Subsidy recipient and Tenant shall produce documents evidencing notification to employees of the Ordinance and payment of a living wage to each affected employee including without limitation the following documents and information: Periodic payroll reports for the affected employees; 2. Books and records with respect to payments to the affected employees; 3. Verification of employees' receipt of Basic Health Insurance and/or verification of the status of the employer's insurance plan; and 4. Quarterly wage detail reports submitted to the State of Minnesota. IV. Investisation of Complaints � 1. Any complaints by employees or Tenant Subcontractors regarding failure to receive payment of living wages required by the Ordinance shall be investigated by OFS with respect to a City Contract and by PEA with respect to a City Business Subsidy. 2. OFS and PED shall have to the authority to investigate complaints through any one or more of the following methods: (a) interviews with employees, employers or other individuals with knowledge of the matter; (b) hearings to receive testimony; (c) reviewing employer records, and (d) such other means as the case may require. If, after invesrigation, the OFS or PED deternunes that there has been no violation of compliance with the terms of the Ordinance, it shall inform the complainant and the employer in writing of the results of the invesrigation. Included with the nofice to the employer sha11 be the provisions of Section 98.04.F.(2). of the Ordinance with respect to no retaliation or harassment of the complainant. 4. If a determination is made, after investigation of the complaint, that the employer has failed to comply with the terms of the Ordinance, the OFS or PED may pursue the options in Section V hereof. D�-5�� V. Enforcement A. If OFS or PED determines that the complaint was founded, it may: 1. Attempt to resolve the complaint between the complainant and the employer and take no further action if it is successfully resolved; or 2. If no resolution is achieved, or resolution without penalty is not appropriate, take action authorized in Section 98.04 F. (1) of the Ordinance which is as follows: (a) Assure that the employer sha11 not be eligible for a City Business Subsidy or City Contract in the next contract cycle or the next calendar year; and (b) Seek repayment to the City of the amount determined as follows: the entire value of the contract ar subsidy if compliance is less than 50% of the requirement, one-half of the value of the contract or subsidy if compliance is 50% or more but less than 80% of the requirement, and proportionate to the value of the contract or subsidy if compliance is 80% or more but less than 100% of the requirement. Factors for deternuning which alternative is appropriate for City Contractor shall include, but not be limited to, the nature and extent of the violation, the willingness of the City contractor to remedy the violation immediately upon it being called to its attention and the history of any other complaints regarding violations of the ordinance by the Contractor. VI. Debarment of Citv Contractor A. If OFS determines that debarment of the City Contractor for one year is appropriate, OFS shall inform the Contractor of its intention, and of the hearing rights set forth in Saint Paul Administrative Code §§ 95.�6 and 95.07. B. A City Contractor debarred by the OFS shall not be eligible to contract with the City or any of its agencies during the period of the debarment, nor sha11 it be an eligible subcontractor. � U�-553 Attachment A Living Wage Language for Bid Specifications and RFPs Living Wage Requirements Pursuant to Chapter 98 of the Saint Paul Administrative Code, any contract(s) that result from this (Bid) (RFP) will require the contractor and any subcontractors to pay an hourly wage that is at least a living wage, as defined therein, for the durarion of the contract. Such wages shall be paid to each employee who is working pursuant to the City contract ar subcontract or who is employed in the specific location for which the City contract or subcontract is intended to benefit. Failure to pay a living wage for a City contract or subcontract may result in repayment of all or a portion of the contract payments and/or debarment from the City contracting process for up to one yeaz. Any recipient of a City Contract or subcontract shall provide written notice to its employees that they may be covered by the terms of Chapter 98 and shall also provide its employees with a written copy of the Chapter. (available at www.ci.stpaul.mn.us/codes� Annual reporting requarements, as set forth in the Regulations to Chapter 98, must be met for those City contracts and subcontracts which are processed on behalf of the Department of Planning and Economic Development. No contract may be split or subdivided, nor may any employee be paid through a third party or treated as a subcontractor or independent contractor to avoid payxnent of the living wage. Potential bidders/proposers are directed to review Appendix A for additional details about the living wage requirements. Appendix A also contains the Living Wage Compliance Certificate which must be completed by the successful proposer/bidder and submitted to the Contract and Analysis Services office. 0�-55� Appendix _; (To be included in Bid Specifzcations and RFPs for Services of >$100.00) Summary of Saint Paul's Living Wage Ordinance Sec. 98.03. DEFINITIONS. •`Basic health insurance" means (1) an insurance or self-insured group health plan including any federally approved self-fixnded plan established under the Employee Retirement Income Security Act of 1974 (ERISA) as amended where an employer pays at least seventy-five (75) percent of the premiuxn for individual coverage plus fifty (50) percent of the premium for family coverage; deductibles and out-of-pocket maacimums cannot be greater than those allowed by the Internal Revenue Service for Health Reimbursement Arrangements and plan design must meet the minimum required by Health Reimbursement Art'angements and State Law (2) a deductible insurance plan offered by an employer where in-network deductibles do not exceed twenty-five (25) percent for office visits, inpatient care, outpatient care and/or urgenUemergency caze, there is a one thousand five hundred dollars ($1,500.00) out of pocket maximum for individual and three thousand dollars ($3,000.00) out of pocket maximum for family, and any out-of-network deductible plan's out-of-pocket maacimum does not exceed two thousand dollazs ($2,000.00) for individual and four thousand dollars ($4,000.00) for family; or (3) an employer offers a health plan not less in value than that provided to first level supervisory employees provided that the benefit costs employers a minimum of seventy-five (75) percent of the difference between one hundred ten (110) percent and one hundred thirty (130) percent of the federal poverty level for a family of four (4). •"C�" means the City of Saint Paul and the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota. •"Citv Coniractor" means a for-profit or not-for-profit entity or person that is a party to a City Contract. °Citv ContracY' means a contract for services and any amendments thereto between the City and City Contractor not covered by Section 82.07 of the Adminish�ative Code with the City valued in the aggregate at $100,000 or more. A City Contract does not include (a) a contract whereby the City Contractor manages City owned land and/or improvements on behalf of the City's parks department and the City Contractor pays a portion of the revenues to the City or (b) a contract whereby the City Contractor provides depository and/or financial services to the City, or (c) a contract whereby the City Contractor provides contract health care benefits to city employees. Nothing is this Chapter shall abrogate or modify any rights or obligations specified in Chapter 85 of the City's Administrative Code. •"Citv Subcontract" means a contract for services between a City Contractor and City U �-553 • Subcontractor valued at $100,000 or more to perform a portion of the services described in a City Contract. •"Citv Subcontractor" means a for-profit or not-for-profit entity or person that is a party to a City Subcontract. •"Job readiness and training services" means services whose purpose and intent is to help individuals establish a stable work history by addressing the social and economic baniers to employability, including training, apprenticeship, and adequate day care. •"Sole source" means a source of products or services that is the only viable mazket option for the City. Sec. 98.04. . LIVING WAGE/JOB CREATION AND RETENTION • PAYMENT OF LIVING WAGE Citv Contract; Citv Subcontract. Any City Contract, or City Subcontract must require City Contractors and City Subcontractors to pay an hourly wage that is at least the living wage for the duration of the contract to each employee who is working pursuant to the City Contract or City Subcontract or who is employed in the specific location for which the City Contract or City Subcontract is intended to benefit. CALCULATION OF LIVING WAGE The living wage shall be a wage level equivalent to at least 130 percent of the federal poverty level for a family of four. ($12.91 for Z00� For employers that provide employees basic health insurance, the living wage shall be a wage level equivalent to at least 110 percent of the federal poverty level for a family of four ($10.92 for 200�. The living wage shall be based on the then current federal poverty level and shall be adjusted within one week after the federal government adjusts the rate. • EXEMPTIONS 1. Entities. The following entities are exempt from the living wage requirement: a. any incorporated entity, organized for profit, that falls within the definition of a small business under Minnesota Statute 645.445; b. any 501 (c) entity which falls under the criteria laid out in Minnesota Statute 645.445, subdivision 2; c. a recipient of a City Contract, City Business Subsidy or City Subcontract that contains an express provision that the purpose of the contract or subsidy is job readiness and training services and that the recipient is exempt from the living wage requirement; 6 �7-553 d. any recipient of a City Contract, City Business Subsidy or City Subcontract for whom the City Council deterxnines that application of the living wage requirement would conflict with a state or federal law or program requirement; e. any recipient of a City Contract, City Business Subsidy or City Subcontract which is bound by a collective bargaining agreement for the period of the contract or the subsidy; any recipient that is an intermediary, such as a community development corporation, community inveshnent group, or community bank, which serves as a pass-through agency for the granting of assistance; g. 501 (c) entities that are sole source providers of product or service. 2. Emplovees. a. A recipient of a City Contract, City Subcontract, or City Business Subsidy and a Tenant may request and obtain exemptions from the living wage requirements for the following types of employees: o Temporary internships or similar positions that are intended to provide career exposure to new entrants to the workforce, lasting no more than 12 consecutive months; o Individuals who are placed with the employer as the result of a job readiness or job training program or who are participants in an employment program that provides work opportunities for those with serious mental and physical barriers to employment or similar employer sponsored work opportunity program for individuals with serious mental and physical barriers to employment; o Seasonal, part-time ar temporary employees whose employment does not reduce or offset the work of permanent employees, on the conditions that (a) no more than ten percent (10%) of such seasonal, part-time or temporary employees can be exempted, and (b) that the City Contractor, City Subcontractor or City Business Subsidy Recipient is not intending to utilize such labor to avoid the requirements of this ordinance. • ENFORCEMENT 1. Any recipient of a City ConYract or City Subconh�act that fails to meet the living wage requirements of this Ordinance at any time during the duration of the contract, and any City Business Subsidy Recipient that fails to meet the living wage or wage goals and other requirements of this Ordinance at any time during the duration of the subsidy, shall 47 �553 (a) not be eligible for a City Business Subsidy or City Contract in the next contract cycle or the next calendar year; and (b) sha11 repay to the city an amount detemuned as follows: the entire value of the coniract or subsidy if compliance is less than 50% of the requirement, one-half of the value of the contract or subsidy if compliance is 50% or more but less than 80% of the requirement, and proportionate to the value of the contract or subsidy if compliance is 80% or more but less than 100% of the requirement. 2. No City Contractor, City Subcontractor City Business Subsidy Recipient or Tenant shall dischazge, demote, hazass, or otherwise take adverse action against any individual because such individual seeks enforcement of the living wage requirement or testifies, assists, or participates in any manner in an investigation, hearing, or other proceeding to enforce this Ordinance. 3. No City Contractor, City Subcontractor City Business Subsidy Recipient or Tenant shall split or subdivide a contract or subsidy, pay an employee through a third pariy, or treat an employee as a subcontractor or independent contractor to avoid payment of a living wage. 4. This Ordinance shall be enforced by the Office of Financial Services or its successor agency, with respect to a City Contract. 5. Any recipient of a City Contract or City Business Subsidy or City Subcontract or Tenant shall provide written notice to its employees that they may be covered by the terms of this Ordinance as specified in section 98.04 (A) and shall also provide its employees a written copy of this Ordinance. a�7'S5 � LIVING WAGE COMPLIANCE CERTIFICATE Instrucrions: Contractor/Consultant shall complete this form and submit to Contract and Analysis Services [280 City Hall, 15 W. Kellogg Blvd., Saint Paul, MN 55102] within 10 days of contract awazd. ,(name of company) having entered into an Agreement dated with the City of St. Paul which is subject to the Living Wage Ordinance, Saint Paul Administrative Code Chapter 98, hereby certifies as follows: 1. (Contractor) will pay living wages for all employees engaged in performance of the Agreement with the City of Saint Paul during the term thereof. 2. Contractor is exempt from the provisions of St. Paul Administrative Code Chapter 95 for the following ieason: Contractor is an incorporated entity, organized for profit, that falls within the definition of a small business under Minnesota Statute 645.445; Contractor is a 501 (c) entity which falls under the criteria laid out in Minnesota Statute 645.445, subdivision 2; Contractor is a recipient of a City Contract or City Subcontract the express purpose of which is job readiness and training services. application of the living wage requirement would conflict with a state or federal law or program requirement; Contractor is bound by a collective bazgaining agreement during the term of the contract. Contractor is a 501 (c) entity which is the sole source provider of the product or service under this Agreement. Other (please specify) Undersigned certifies by penalty ofperjuzy that the information contained in this Certificate is true and correct. Company Name � Bid or RFP # Date Its 10 D� Summary of Saint Paul Living Wage Ordinance February 27, 2007 The Saint Paul City Council has adopted a new Living Wage Ordinance (File 06-1071). This Ordinance replaces the Living Wage Resolution passed by the Council in 1997 for contracts executed and subsidies given after February 14, 2007. Application • The Ord'mance applies to the "City" which includes both the City of Saint Paul and the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota. • The Ordinance applies to a(a) Citv Contract which means a contract and any amendments for services not covered by Administrative Code Section 82.07 valued in the aggregate at $100,000 or more. A City Contract does not include certain contracts of the Pazks Department and Office of Financial Services or contract health caze beneFits. (b) City Business Subsidv which means financial assistance with a value of $100,000 or more in any of the following forms: grant; contribution of personal or real property; reduction in interest rates on a loan which is the present value of the difference in the interest rate given by the City and that rate commercially available to the recipient; reduction or defenal of any tax, assessment or fee; guaranty of any loan, lease or other obligation; tas increment fmancing; revenue bonds; tax credits; or other City participation. Conduit bonds and infrastmcture aze not a City Business Subsidy. (c) Citv Subcontract which means a contract for services valued at $100,000 or more to perform a portion of the services described in a City Contract. (d) Tenant which means the initial for-profit or not-for-profit entity or person that leases from a City Business Subsidy recipient space in the specific location for which the subsidy was given, and if there is more than one such initial entity or person, it means the entity or person that leases the greatest amount of space and any entity or person that leases space of 15,000 or more square feet. Reauirements-Pavment of Living Wa¢e • Any City Contract or City Subcontract must require payment of a living wage for the duration of a contract to each employee who is working pursuant to the contract or subcontract or who is employed in the specific location for which the contract or subcontract is intended to benefit. • Any recipient of a City Business Subsidy and Tenant must pay a living wage to each employee (and in the case of a Tenant to an independent contractor as well) who is employed 'm the location for which the subsidy was provided for the longer of the duration of a City Business Subsidy or 3 years. • A livin¢ wa¢e is 130 percent of the federal poverty level for a family of four ($12.91 for 2007) or 110 percent ($10.92 for 2007) if the employer provides basic health insurance as that term is defined in the Ordinance. Exem tn ions: • Entities- The following entities are exempt from paying a living wage: for-profit entity that qualifies as a small business under Minn Stat 645.445; 501(c) entity that qualifies under Minn Stat 645.445, subd. 2; a recipient of ajob readiness and training services contract; a recipient bound by a collective bargaining a�eement; an intermediary such as a community development corporation, community investment group or community bank, who serve as a pass-through agency for the assistance; and 501(c) entities that aze sole source providers of product or service. 11 a 7-�� Waiver Emplovees- A recipient of a City Contract, City Subcontract or City Business Subsidy and a Tenant may request and obtain from the City Council exemptions from paying a living wage to the following types of employees: (a) temporary internships intended to provide cazeer exposure to new entrants to the workforce lasting no more than 12 consecutive months; (b) individuals placed as a result of a job readiness or job training progam or those persons with serious mental and physical barriers to employment; and (c) seasonal, part-time or temporary employees whose employment does not reduce or offset the work of permanent employees provided that no more than 10 percent of such employees can be exempted and use of such employees is not intended to avoid the requirements of the Ordinance. The requirements of the Ordinance may be waived by the City Council or HRA Boazd n�'or to the execution of a City Contract or City Business Subsidy after a public hearing and a finding of a compelling public purpose. A$er the execution of a City Business Subsidy a recipient who can demonstrate it will suffer an economic hazdship due to the occurrence of significant unforeseen circumstances beyond its control may request a waiver. Reporting A yearly report on compliance will be required by all recipients for the duration of its obligation ta pay living wages. Enforcement/Penalties • PED will enforce the Ordinance with respect to a City Business Subsidy and will propose regulations to the City Council to administer compliance. • Office of Financial Services will enforce the Ordinance with respect to a City Contract and will propose regulations to the City Council to administer compliance. . Any recipient of a City Contract, Ciry Business Subsidy, City Subcontract or Tenant must provide written notice to its employees of the Ordinance and a copy of the Ordinance. . Any recipient that fails to meet the living wage requirements of the Ordinance is not eligible for a City Contract or City Business Subsidy in the next contract cycle or calendar year; and must repay a portion of the contract or subsidy depending on the level of non compliance. 645.445 Small business; definitions Subd. 2. Small business. "Small business" means a business entity organized for profit, including but not limited to any individual, partnership, corporation, joint venture, assoaation or cooperative, which entity: (a) Is not an affiliate or subsidiary of a business dominant in its field of operation; and (b) Has 20 or fewer full-time employees; or (c) In the preceding fiscal year has not had more than the equivalent of $ 1,000,000 in annual gross revenues; or (d) If the business is a technical or professional service, shall not have had more than the equivalent of $ 2,500,000 in annual gross revenues in the preceding fiscal year. Subd. 3. Dominant in field of operation. "Dominant in its field of operation" means having more than 20 full-time employees and more than $ 1,000,000 in annual gross revenues or $ Z,500,000 in annual gross revenues if a technical or professional service. Subd. 4. A�liate or subsidiary of business dominant in field of operation. "Affiliate or subsidiary of a business dominant in its field of operation" means a business which is at least 20 percent owned by a business dominant in its field of operation, or by partners, offlcers, dlrecYOrs, majority stockhofders, or their equivalent, of a business dominant in that field of operation. 12 U� �553 ANNUAL CERTIFICATE OF NOTIFICATION TO EMPLOYEES AND PAYMENT OF LIVING WAGE This Certificate is made pursuant to that certain [Zoan/development agreement[ dated , 200_ by and between the [City af Saint Paul/Housing and Redevelopment Authority of the City of Saint Paul, Minnesota] and [name] ("AgreemenY'). This Certificate is for the reporting period beginning , 200 and ending December 31, 200_ [or , the end of the contract term] ("Reporting Period"). The undersigned, a[ City Contractor, City Subcontractor, City Business Subsidy recipient, or Tenant] ("Company") certifies as foilows: l. This Certificate is intended to evidence compliance with the Saint Paul Living Wage Ordinance codified as Chapter 98 of the Saint Paul Administrative Code (`Ordinance") and the Agreement. All terms used herein are defined in this Certificate, Agreement and/or Ordinance. 2. Each employee who worked for the Company during the Reporting Period was given written notice that they may be covered by the terms of the Ordinance and a written copy of the Ordinance. 3. A living wage has been paid to each employee, and in the case of a Tenant to each independent contractor as well of the Company, entitled to receive payment of this living wage as required in the Agreement and Ordinance for the Reporting Period. 4. As of the end of this Reporting Period there are employees and _ independent contractors of a Tenant receiving living wages. 5. Upon request by the City/HRA the Company will promptly produce documents evidencing the written notification to employees of the Ordinance and supporting payment of a living wage to each person including without limitation quarterly wage detail reports submitted to the State of Minnesota. I certify under penalty of perjury that the information contained in this Certificate is true and correct as of the date this Certificate is executed. [company name] By Its Dated: , 200 . 13