A. Implementation. This chapter augments the city's procedures for administering its contracts. The city will include a summary of the requirements of this chapter in all requests for proposals and solicitations relating to city contracts to which it applies. Compliance with this chapter shall be required in all city contracts to which it applies, and such city contracts shall provide that violation of this chapter will constitute a material breach and authorize the city to terminate the city contract and pursue all available legal and equitable remedies.
B. Enforcement.
1. City Enforcement. The city may investigate and address, in its sole discretion, any alleged violation of this chapter's requirements. But the city's failure to investigate an alleged violation or otherwise enforce any of the provisions of this chapter shall not create any right of action or right to recover damages from the city by any person, including, but not limited to, an aggrieved employee.
2. Investigative Authority. The city manager shall monitor compliance with this chapter and may require covered employers to verify compliance by submitting certified payroll records. The city manager may take such other steps as necessary to determine whether the requirements of this chapter have been satisfied.
3. Private Right of Action. An employee or interested party claiming violation of this chapter is entitled to file an action against an employer in the appropriate court within one year after discovery of the alleged violation. The court may award any employee who files suit under this provision, as to the relevant time period, the following:
a. For failure to pay the living wage required by this chapter, the difference between the minimum wage and the amount actually paid to the employee.
b. For failure to pay medical benefits, the difference between the living wage (with benefits) required by this chapter and the amount actually paid to the employee.
c. For retaliation for exercise of any rights provided for under this chapter, reinstatement, back pay and/or any other relief that a court may deem appropriate.
d. The court shall award reasonable attorney's fees and costs to an employee who prevails in any such private action.
4. No Criminal Penalty. Notwithstanding any contrary provision of this code or any other ordinance, no criminal penalties attach to any violation of this chapter. (Ord. 2003-082)