Ordinance 4051-24 - Laserfiche WebLink

ORDINANCE NO. ________ An ORDINANCE Relating to Changes in the City of Everett’s Procurement Policy Regarding Contractors and Service Providers Who Have Engaged in Wage Theft WHEREAS, A.The City of Everett is committed to ensuring the best quality of life possible for our residents. B.The City of Everett is also committed to fiscal responsibility and prudent budgetary practices. C.Wage theft is a crime and occurs when employers do not pay workers what they are legally entitled to according to the law or their work agreement. Wage theft can come in the form of paying workers less than minimum wage, failing to compensate for overtime, requiring workers to work uncompensated before or after their shifts, taking illegal deductions from wages, misclassifying employees to pay a lower wage, confiscating rightly earned tips, and other forms. D.The prevalence of wage theft harms workers’ quality of life, diminishes their ability to provide for their household, and inhibits their participation in the local economy. It also harms workers and businesses that do follow the law by placing them at a disadvantage if a competitor keeps their costs artificially low because they are withholding payments from their workers. E.If a worker is subject to wage theft, they may file a complaint with the Department of Labor and Industries to ask for an investigation. In some cases, an employer is found to have willfully engaged in wage theft if they have engaged in, “a knowing and intentional action that is neither accidental nor the result of a bona fide dispute,” (RCW 49.48.082(13)). F.The City of Everett has identified the need to ensure that unscrupulous employers who are willful violators of wage laws are not rewarded with City contracts, and instead should be supporting fair, ethical, and legal business practices that sustain a thriving economy. G.The City of Everett has determined that the City’s Procurement Policy & Federal Emergency Contracting Policy (400-20-04) should be amended to provide additional protections regarding wage theft. NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1. A new Section is added to the City of Everett Procurement Policy entitled “Wage Theft Protections” as follows: WAGE THEFT PROTECTIONS The City recognizes that state law regarding public works contracts (RCW 39.04.350(1)(g) and (2)) provides certain wage theft protections as follows: RCW 39.04.350(1)(g): “Before award of a public works contract, a bidder must meet the following responsibility criteria to be considered a responsible bidder and qualified to be awarded a public works 4051-24