(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 an appropriate agency for investigation, and monitoring the outcome of complaints, for any complaints about the practices of any person, contractor or subcontractor relating to the provisions of this chapter.
(3) The submission of complaints to the City alleging wage theft or payroll fraud by a person who 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:
(1) The City shall report the complaint to the appropriate state or federal agency responsible for investigation and enforcement of a particular type of violation.
(2) The City reserves the right to investigate wage theft or payroll fraud complaints and to take appropriate action.
(3) The City will provide a written notice to the person stating that, if an adverse determination is rendered against the person, or the person’s 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 subsections (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 a person or the person's contractor 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 by up to 100% of the yet to be paid or provided incentive or benefit;
(2) Deeming the person or the person’s contractor ineligible for future agreements or other contracts with the City until all wage theft and payroll fraud penalties have been paid in full;
(3) Debarment of the person or the person’s contractor from future agreements or other contracts with the City; and
(4) Informing the relevant City departments of the adverse determination, including but not limited to the Service Director, Finance Director, City Engineer, Law Director and the City Prosecutor, in order to determine if further action is necessary.
(d) Whenever any adverse determination is rendered against a person’s subcontractor, if there is no resolution of the wage theft violation or payroll fraud satisfactory to the City within thirty (30) days of the City’s receipt of 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 by up to 100% of the yet to be paid or provided incentive or benefit;
(2) Deeming the person, the person’s contractor, and/or subcontractor, ineligible for future agreements or other contracts with the City until all wage theft and payroll fraud penalties have been paid in full;
(3) Debarment of the person, the person's contractor, and/or subcontractor from future agreements or other contracts with the City; and
(4) Informing the relevant City departments of the adverse determination, including but not limited to the Service Director, Finance Director, City Engineer, Law Director and the City Prosecutor in order to determine if further action is necessary or available.
(e) Any remedies available to the City under this section are in addition to, and not in replacement of, any remedies available to the City under an agreement or otherwise. The pursuit of any remedy or remedies by the City shall not exclude the City’s pursuit of any other remedy or remedies.
(Ord. 2016-32. Passed 12-12-16.)