For purposes of this chapter:
(a) (1) "Adverse Determination" means a final adjudication, not subject to appeal, by a court of competent jurisdiction, a final action by a state or federal governmental agency, or a final adjudication by an arbitrator or arbitral body of competent jurisdiction, including, but not limited to, an administrative merit determination, arbitration award or decision, civil judgment, or criminal conviction, that a Contractor, Subcontractor or recipient of Assistance has committed Wage Theft or Payroll Fraud. If the person or entity appeals or contests the final adjudication, final action, or final determination, the Adverse Determination becomes effective whenever that initial adjudication, action, or determination, in whole or in part, is affirmed on appeal or after the contest, or the appeal or contest is denied.
(2) A settlement agreement or other similar agreement entered into by a person or entity related to any allegations of Wage Theft or Payroll Fraud to resolve the matter prior to the issuance of an Adverse Determination or while an appeal is pending shall not constitute an Adverse Determination.
(3) Nothing in this section shall be construed to permit a collateral attack on the jurisdiction of a court, state or federal governmental agency, or an arbitrator or arbitral body to avoid being placed on the Adverse Determination List.
(b) "Adverse Determination List" means a list published by the Fair Wage Employment Board and updated every month, of persons or entities that have received an Adverse Determination within the preceding three (3) years.
(c) "Applicable Department" means the City department administering Construction and Improvement Contracts or Service Contracts or the City department to which a person or entity applies for Assistance.
(d) "Assistance" shall have the same meaning as in division (b) of Section 189.01.
(e) "Contract" means any Construction or Improvement Contract and any Service Contract entered into pursuant to these Codified Ordinances.
(f) "Contractor" means any person or entity who enters into a Construction or Improvement Contract or Service Contract with the City.
(h) "City" means the City of Cleveland and all City departments, divisions and offices.
(i) "Fair Employment Wage Board" or "FEWB" means the board established under Chapter 189 of these Codified Ordinances.
(j) "Payroll Fraud" means concealing an entity's true payroll tax liability or other financial liability to a government agency from government licensing, regulatory or taxing agencies through misclassification of employees, failure to report or underreported payment of wages, or executing a cash transaction while failing to maintain proper records of reporting and withholding.
(k) "Person or Entity" means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity recognized at law by the State of Ohio, and their successors, predecessors, affiliates, and assigns, who may employ individuals or enter into contracts with the City.
(l) "Recipient of Assistance" means:
(1) Any Person or Entity who enters into one (1) or more Contracts with the City for Assistance;
(2) Any Person or Entity that is a direct recipient of Assistance.
(m) "Service Contract" shall have the same meaning as in division (j) of Section 189.01.
(n) "Subcontract" means any contract between a Contractor and a person or entity to assist in performance of a Contract; and a contract between a person receiving Assistance and a person or entity to support the project or matter for which the person is receiving Assistance.
(o) "Wage Theft" means a violation of the Ohio Prompt Pay Statute, RC 4113.15; the Ohio Minimum Fair Wage Standards Act, RC Chapter 4111; Oh. Const. Art. II, Sec. 34a; RC Chapters 4109 or 4115; RC 4113.17, 4113.18, 4113.52 or 4113.61; or a violation of any substantially equivalent federal or state law; as any of these laws may be amended or superseded.
(Ord. No. 892-2022. Passed 12-5-22, eff. 12-7-22)