23_Wage_Theft_PDF_Version.pdf
PDF 441 KB Posted
- Attached to
- Payne Avenue Improvements
- Solicitation number
- AR2612
- 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 certain City contracts, recipients of City Assistance, and prospective subcontractors. The disclosure requirement is mandated by Chapter 190 of the Codified Ordinances of Cleveland, Ohio, 1976, and applies to Construction or Improvement Contracts and Service Contracts, including the Payne Avenue Improvements project being managed by the Mayor's Office of Capital Projects. All bidding entities and their prospective subcontractors must disclose any wage theft or payroll fraud violations occurring within the three-year period preceding their bid submission.
Entities with adverse determinations for wage theft or payroll fraud are placed on the City's Adverse Determination List, which prohibits them from entering into new contracts with or receiving City Assistance unless they obtain a waiver from the City's Fair Wage Employment Board. Wage theft violations include non-compliance with the Ohio Prompt Pay Statute, Ohio Minimum Fair Wage Standards Act, and substantially equivalent federal or state laws. Payroll fraud encompasses concealment of payroll tax liability through misclassification of employees, failure to report wages, underreporting of wages, or executing cash transactions without proper documentation. False statements on the disclosure form constitute default of contract and subject the entity to applicable contract remedies.
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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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