As used in this chapter:
“Assistance” means and includes a service contract or subcontract, or subsidy as defined in the following paragraphs.
(a) “Service contract or subcontract” means:
(1) Any agreement worth at least ten thousand dollars which:
(A) Is between the city of Bloomington and another party primarily for the performance of any of the following services for the city of Bloomington:
(i) Food services on an ongoing basis,
(ii) Janitorial and custodial services,
(iii) Security services,
(iv) Parking lot management and attendance,
(v) Waste management,
(vi) Automotive repair and maintenance,
(vii) Landscaping,
(viii) Utility and building maintenance,
(ix) Carpentry,
(x) Clerical and office services,
(xi) Street maintenance and repair,
(xii) Sidewalk construction, maintenance and repair,
(xiii) Laundry services,
(xiv) Pest control,
(xv) Resident and day shelter services;
(B) Delegates the performance of services obligated and enumerated under subsection (a)(1)(A) of this section to another party through a subcontract or other agreement; or
(C) Is between a beneficiary of a subsidy and another party for the purpose of operating a social services program funded through a social services subsidy identified under the definition of “subsidy.”
(2) More than one agreement which, when viewed as whole:
(A) Totals at least ten thousand dollars;
(B) Provides services set forth in subsection (a)(1)(A) of this section; and
(C) Has been divided without a legitimate and compelling business purpose in the event the agreements are between private parties, or without a legitimate and compelling public purpose in the event the city is one of the parties to the agreement(s). A legitimate business or public purpose does not include an intent to pay less than the living wage and a compelling business or public purpose does not include a lack of knowledge of this chapter.
(b) A “subsidy” means an award by the city of Bloomington to a person or entity with a total value of at least twenty-five thousand dollars.
(1) The awards shall include the authorization or approval of benefits under the city’s following economic development funds or programs:
(A) Tax abatements pursuant to Indiana Code 6-1.1-12.1;
(B) Grants from Business Investment Incentive Loan Fund (BIILF);
(C) All expenditures from the Industrial Development Fund except those associated with the acquisition of right-of-way for and the design, financing, construction, and maintenance of publicly owned infrastructure serving a Community Revitalization Enhancement District (CRED) pursuant to Indiana Code 36-7-13.
(2) The value of the awards under the foregoing economic development funds or programs shall be presented in the legislation necessary for council approval of these subsidies and shall reflect the monetary benefit derived by the beneficiary as estimated by the city at that time.
(3) The obligation to pay a living wage under the foregoing economic development funds or programs shall commence upon the receipt of the award and shall run for a period of years determined by the following formula. The period of obligation to pay a living wage shall equal the value of the award as estimated in the legislation divided by twenty-five thousand dollars, rounded down to the nearest whole number, but not to exceed ten years. In the event the award is in the form of a tax abatement, receipt of the award shall mean the first year in which the beneficiary is eligible to take the tax deduction.
(4) The awards shall also include the authorization or approval of grants for the operation of social service agency programs under the:
(A) Community Development Block Grant (CDBG) funds; and
(B) Jack Hopkins Social Services Funding Program.
(5) The value of the foregoing awards for the operation of social service agencies shall be presented in the legislation necessary for the council approval of these subsidies and shall be aggregated in order to determine whether the twenty-five thousand dollars monetary threshold has been met.
(6) The obligation to pay a living wage under the foregoing social services awards shall commence upon receipt of the award and shall run until the end of the fiscal year of the program.
(7) In the event the city develops or pursues new awards under new or existing economic development or social service programs, city officials shall notify the common council in order for it to decide whether the award(s) should be included as a subsidy and, therefore, subject to this chapter before those awards may be offered.
(8) A monetary benefit to a person or entity shall be considered an award when it is the direct result of an authorization or approval by the city or its officials who had discretion over the identity of the recipient(s) as well as significant terms of the benefit at the time of the decision.
(c) Exclusions. The term “assistance” shall not apply to interlocal cooperation agreements between the city of Bloomington and other governmental entities which are enabled by Indiana Code 36-1-7.
“Beneficiary” means any person or entity receiving assistance.
“City of Bloomington” means the departments of the city whose budgets are approved by the common council. The term, however, does not include the Bloomington Public Transportation Corporation.
“Covered employee” means a person who is employed in a part-time, share time, temporary, or full-time status who meets the following conditions:
(a) The person is employed by:
(1) The city of Bloomington, except the seasonal employees in the parks and recreation department whose accumulated compensated hours in a calendar year is less than 0.75 FTE (and whose primary location of work is not within the main offices of those departments);
(2) A covered employer, during a period when an economic development subsidy is in effect (see definition of “subsidy”); and the person holds a position identified as either retained or created as a result of that subsidy or the person performs duties substantially similar to one of those previously identified positions;
(3) A covered employer, during a period when a social services subsidy is in effect (see definition of “subsidy”) and the person performs work operating the program;
(4) A covered employer, who has entered into a service contract or subcontract and the person performs services directly and specifically toward fulfilling that contract or subcontract.
(b) The person is not:
(1) Employed pursuant to common construction wage laws as long as the employee is paid a living wage; (2) Less than eighteen years of age, who is hired as part of a school-to-work program or is hired in seasonal or part-time work;
(3) A student who serves in a work-study program or as an intern in a position that advances the student’s career potential;
(4) A trainee participating for not more than six months in a training program;
(5) Employed in concert with enrollment in a governmentally funded vocational rehabilitation program;
(6) A volunteer working without pay; or
(7) Exempted under Section 14(c) of the Fair Labor Standards Act due to his or her disabilities.
“Covered employer” means an employer who must pay at least some of its employees a living wage and includes:
(a) The city of Bloomington;
(b) A beneficiary who is a for-profit entity with at least ten employees or a not-for-profit entity with at least fifteen employees.
“Tipped employee” means any covered employee engaged in an occupation in which he or she customarily and regularly receives tips or gratuities from patrons and others. (Ord. 05-08 § 3, 2005).