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City Council Agenda Item Cover Sheet <br />Project title: Adopt Ordinance Relating to Changes in the City of Everett’s Procurement Policy Regarding <br />Contractors and Service Providers Who Have Engaged in Wage Theft <br />Council Bill # interoffice use <br /> <br /> <br /> <br />Consideration: <br />Ordinance Relating to Changes in the City of Everett’s Procurement Policy Regarding Contractors and Service Providers Who Have Engaged in Wage Theft <br />Project: Ordinance <br />Preceding action: N/A <br />Fund: N/A <br />Agenda dates requested: <br />Briefing & Action <br />Proposed action 10/23/24 <br />Proposed action 10/30/24 <br />Consent <br />Action 11/06/24 <br />Ordinance X <br />Public hearing <br />Yes x No <br />Budget amendment: <br />Yes x No <br />PowerPoint presentation: <br />Yes x No <br />Attachments: <br />Proposed Ordinance <br />Department(s) involved: <br />Legal (Drafting/Review) <br />Contact person: <br />Paula Rhyne <br />Phone number: <br />425-359-8134 <br />Email: <br />prhyne@everettwa.gov <br />Initialed by: <br />Department head <br />Administration <br />Council President <br />Fiscal summary statement: None <br />Project summary statement: <br />For public works contracts, state law (RCW 39.04.350(1)(g)) prohibits the City from <br />awarding to contractors who, during the previous three years, have been found by <br />Labor & Industries or a court to have willfully violated any provision of RCW <br />chapters 49.46 (Minimum wage), 49.48 (Wage Payment), or 49.52 (Wage <br />Deductions). The state law requires bidders to submit a certification to the City <br />that they have no such violations during the past three years, and by state law the <br />City is entitled to rely on those certifications in making an award. <br />The proposed ordinance adds a section to the City Procurement Policy to add <br />additional protection above the state law “floor” as follows: <br />•For public works contracts, the state law three-year period is extended to <br />five years. (Note: “public works contracts” refers to all contracts for <br />construction, repair, maintenance, etc.) <br />•The ordinance says that the five-year period applicable public works <br />contracts will also apply to all other services contracts (such as, for <br />example, professional services agreements) that are in excess of $10,000. <br />•City staff will verify contractor/service provider certifications by using L&I <br />online employer look-up tools as such tools are available. <br />Recommendation (exact action requested of Council): Adopt Ordinance Relating to <br />Changes in the City of Everett’s Procurement Policy Regarding Contractors and <br />Service Providers Who Have Engaged in Wage Theft.