(A) The city shall develop rules and regulations for the following:
(1) Review of agreements to ensure that language required by this chapter is included;
(2) Monitoring of agreements to ensure compliance with this chapter, including reviewing complaints, referring complaints to appropriate agency for investigation and monitoring the outcome of complaints, for any complaints about the practice of any person, contractor or subcontractor relating to the provisions of this chapter; and
(3) Allow third parties to submit a complaint to the city alleging wage theft or payroll fraud by an individual, partnership, corporation, association or other for-profit or non-profit entity that has entered into an agreement with the city.
(B) Whenever the city becomes aware of any complaint against a person or the person’s contractor or subcontractor for wage theft or payroll fraud with respect to any work done on a development site, the following shall apply.
(1) The Finance Director or his or her their designee shall report the complaint to the appropriate state or federal agency responsible for investigation and enforcement of a particular type of violation.
(2) The Finance Director or his or her designee reserves the right to investigate wage theft and payroll fraud and take appropriate action.
(3) The Finance Director will provide a written notice to the person stating that, if an adverse determination is rendered against an individual, partnership, corporation, association or other for-profit or non-profit entity, contractor or subcontractor, the city will pursue any available legal, contractual or equitable remedies, which may include without limitation any or all of the penalties listed in divisions (C) and (D) of this section. The notice also will state that the person or contractor may provide the city with information showing that the adverse determination is under review, contested or appealed.
(C) Whenever any adverse determination is rendered against an individual, partnership, corporation, association or other for-profit or non-profit entity or its contractor, or subcontractor, for wage theft or payroll fraud with respect to any work on a development site, or, if the adverse determination is appealed, then whenever the final decision on appeal confirms the adverse determination, the city will pursue any available legal, contractual or equitable remedies, which may include without limitation any or all of the following remedies whether or not provided for in the agreement:
(1) Termination of the agreement with the person or unilateral reduction of the incentive or benefit to be provided under the agreement up to 100% of the yet to be paid or provided incentive or benefit;
(2) Deeming the individual, partnership, corporation, association or other for-profit or non-profit entity, or its contractor or subcontractor, ineligible for future agreement or other contractors with the city until all wage theft and payroll fraud penalties have been paid in full;
(3) Debarment of individual, partnership, corporation, association or other for-profit or non-profit entity, or its contractor, or subcontractors from future agreements or other contracts with the city for a period of five years; and
(4) Informing the relevant city departments of the adverse determination, including, but not limited to, the Tax Commissioner, the Department of Finance and the City Prosecutor, in order to determine if further action is necessary.
(D) Whenever any adverse determination is rendered against any individual, partnership, corporation, association or other for-profit or non-profit entity subcontractor, if there is no resolution of the wage theft violation or payroll fraud satisfactory to the city within 30 days of the city’s receipt of the notification of the adverse determination or final decision of an appeal, the city will pursue any available legal, contractual or equitable remedies, which may include without limitation the following remedies whether or not provided for in the agreement:
(1) Termination of the agreement with the person or unilateral reduction of the incentive or benefit to be provided under the agreement up to 100% of the yet to be paid or provided incentive or benefit;
(2) Deeming the individuals, partnerships, corporations, association or other for-profit or non-profit entities, or its contractor or subcontractor, ineligible for future agreement or other contractors with the city until all wage theft and payroll fraud penalties have been paid in full;
(3) Debarment of individuals, partnerships, corporations, association or other for-profit or non-profit entities, or its contractor, or subcontractors from future agreements or other contracts with the city for five years; and
(4) Informing the relevant city departments of the adverse determination, including, but not limited to the Tax Commissioner, the Department of Finance, and the City Prosecutor, in order to determine if further action is necessary.
(F) The city shall be the department/agency with the primary responsibility for investigation, recording, keeping and enforcement of this chapter.
(Ord. 33-16, passed 6-6-2016)