035_Wage_Theft_PDF_Version.pdf
PDF 441 KB Posted
- Solicitation number
- AR2509a
- Issued by
- Cuyahoga County, Ohio
About this file
This is a Wage Theft and Payroll Fraud Disclosure Summary document issued by the City of Cleveland, Ohio, applicable to bidders on City contracts and recipients of City assistance. The document establishes mandatory disclosure requirements for any person or entity bidding on Construction or Improvement Contracts, Service Contracts, or applying for City Assistance, along with their prospective subcontractors. Bidders must certify whether they have had any Adverse Determinations for wage theft or payroll fraud violations within the preceding three years. The disclosure requirement applies specifically to the Owner's Advisor Request for Qualifications for Public Safety Energy Improvements at Fire and EMS facilities, with proposals due February 18, 2026 at 12:00 p.m. Entities with Adverse Determinations are placed on the City's Adverse Determination List and are prohibited from entering into new contracts with or receiving financial assistance from the City unless they obtain a waiver from the City's Fair Wage Employment Board.
The document defines wage theft as violations of Ohio's Prompt Pay Statute, Minimum Fair Wage Standards Act, and related state or federal employment laws, while payroll fraud encompasses concealment of payroll tax liability through employee misclassification, underreported wages, or failure to maintain proper records. Service Contracts covered by this requirement are limited to specific categories including food service, janitorial, security, home health care, waste management, landscaping, building maintenance, carpentry, clerical services, and street and sidewalk maintenance. False statements on the disclosure form result in default of contract and expose the bidder to remedies for default. Respondents must execute the disclosure certification as a condition of proposal submission for the February 18, 2026 deadline.
View the file
Other files
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
WAGE THEFT AND PAYROLL FRAUD DISCLOSURE
SUMMARY:
Bidders on certain City contracts, recipients of Assistance, and any of their prospective subcontractors must disclose any wage theft or payroll fraud violations over the last three years. Unless they receive a waiver from the City’s Fair Wage Employment Board, violators are placed on the City’s Adverse Determination List, which prevents them from entering into new contracts with or receiving Assistance from the City. This disclosure requirement and the waiver process are set forth in Chapter 190 of the Codified Ordinances of Cleveland, Ohio, 1976 (“Chapter 190”).
INSTRUCTIONS:
Pursuant to Chapter 190, the information requested on this document must be provided by any person or entity bidding on or making a proposal for a Construction or Improvement Contract or a Service Contract, or applying for Assistance, and any of their prospective subcontractors.
Any person or entity that is deemed to have made a false statement shall be declared to have acted in default of its contract and shall be subject to the remedies for default contained in its contract.
DEFINITIONS:
“Adverse Determination” means a final action or adjudication that the person or entity in question has committed Wage Theft or Payroll Fraud and is further defined in Chapter 190.
“Assistance” means any form of City financial assistance, except for financial assistance provided for the development, rehabilitation or other means of providing residential housing. Assistance includes but is not limited to: grants; economic development loans;
tax credits, incentives and abatements; subsidies; and bonds. Assistance does not include financial assistance which is received from another government or other entity with the City acting only as a conduit or fiscal agent for the funds, where the City exercises no control over the identity of any recipient or of the terms of the contract. Community Development Block Grant Funds are not considered conduit funds and, to the extent they otherwise qualify, are included as Assistance.
“Construction or Improvement Contract” means any contract entered into pursuant to Chapter 167 or Chapter 185 of the Codified Ordinances.
“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.
“Service Contract” means any contract or subcontract between a person, business or corporation and the City of Cleveland that primarily involves the furnishing of services to the City (as opposed to the purchase of goods or other property or the leasing of property), and shall be limited to the following categories of services: food service, janitorial, security services, parking lot attendants, home health care, health care aides, waste management, automotive repair services, landscaping, towing contracts, building and maintenance services, carpentry, clerical services, urban forestry, housekeeping, street maintenance and repair, and sidewalk maintenance and repair. This includes services performed on City-owned premises including the following City-owned locations: airports, parking lots, municipal parks, recreational facilities, and City-owned buildings. Contracts that are primarily for the purchase of goods or other property are not considered Service Contracts.
“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.
CHECK WHICHEVER IS APPLICABLE:
(A) ( ) The undersigned person or entity HAS NOT had any Adverse Determinations within the last three (3) years.
(B) ( ) The undersigned person or entity HAS had any Adverse Determinations within the last three (3) years.
If (B) is checked, then in an attachment(s) to this form, please disclose all Adverse Determinations within the last three (3) years.
Name of Person or Entity: __________________________
Signature: __________________________
Printed Name of Signatory: __________________________
Title of Signatory: __________________________
Date: __________________________
File details come from the government source that posted it. Updated .