035_Wage_Theft_PDF_Version.pdf
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- Solicitation number
- AR2509a
- Issued by
- Cuyahoga County, Ohio
About this file
This is a Wage Theft and Payroll Fraud Disclosure document issued by the City of Cleveland, Ohio, as a mandatory compliance requirement for bidders on certain City contracts. The disclosure applies to all entities bidding on Construction or Improvement Contracts and Service Contracts, as well as recipients of City financial assistance and their prospective subcontractors. Bidders must certify whether they have had any Adverse Determinations for wage theft or payroll fraud violations within the three years preceding submission. An Adverse Determination is a final action or adjudication that an entity has committed wage theft—defined as violations of Ohio Prompt Pay Statute, Ohio Minimum Fair Wage Standards Act, and related state or federal wage and hour laws—or payroll fraud, defined as concealing true payroll tax liability or other financial liability through employee misclassification, failure to report wages, or improper cash transaction documentation. Service Contracts subject to this disclosure are limited to specific categories including food service, janitorial, security services, home health care, waste management, automotive repair, landscaping, building maintenance, carpentry, clerical services, street maintenance, and sidewalk maintenance.
Any person or entity that checks box (B) indicating Adverse Determinations must disclose all violations within the three-year period in an attachment to the form. Entities with Adverse Determinations are automatically placed on the City's Adverse Determination List, which prevents them from entering into new contracts with or receiving Assistance from the City unless they receive a waiver from the City's Fair Wage Employment Board. False statements on this disclosure form result in declaration of default and subject the bidder to applicable remedies contained in the contract. The disclosure form requires signature and certification from the authorized signatory, including printed name, title, and date of submission.
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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: __________________________
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