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ORDINANCE Page 2 of 3 <br />project. The bidder must: . . . . Within the three-year period immediately preceding the date of the bid <br />solicitation, not have been determined by a final and binding citation and notice of assessment issued by <br />the department of labor and industries or through a civil judgment entered by a court of limited or general <br />jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or <br />49.52 RCW.” <br />RCW 39.04.350(2): “Before award of a public works contract, a bidder shall submit to the contracting <br />agency a signed statement in accordance with chapter 5.50 RCW verifying under penalty of perjury that the <br />bidder is in compliance with the responsible bidder criteria requirement of subsection (1)(g) of this section. <br />A contracting agency may award a contract in reasonable reliance upon such a sworn statement.” <br />The City has determined that, in addition to the state law requirements, it will implement the <br />following wage theft protections: <br />Public Works Contracts. In its bid solicitations for public works contracts, the City will, <br />unless the project funding source requires otherwise, include (by supplemental <br />responsibility criterion under RCW 39.04.350(3) or other provision) a bidder <br />responsibility requirement that is substantively the same as RCW 39.04.350(1)(g) and <br />(2), except that the applicable time period shall be the five-year period immediately <br />preceding the date of the bid solicitation. <br />Other Services Contracts. With respect to contracts or purchase orders for services <br />other than public works (such as, for example, professional services agreements) in <br />excess of $10,000, the City will as practical apply a responsibility/qualification <br />requirement for willful wage violations substantively the same as RCW 39.04.350(1)(g) <br />and (2). The procuring City department will as practical require that the City-service <br />provider contract or the City-issued purchase order contain a provision stating that the <br />service provider, by executing the contract or accepting the purchase order, certifies <br />that it has not, within the preceding five-year period, been determined by a final and <br />binding citation and notice of assessment issued by the department of labor and <br />industries or through a civil judgment entered by a court of limited or general <br />jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of <br />chapter 49.46, 49.48, or 49.52 RCW. The City may reasonably rely on such certifications. <br />Substantially Identical Enitity. The bidder and service provider certification(s) will <br />provide that the certification(s) cover any entity, however organized, with substantially <br />identical operations, corporate, or management structure as bidder or service provider. <br />City Validation. To the extent practical, City staff will independently validate <br />verifications and certifications from contractors and service providers by using online <br />employer-lookup tools provided by the Washington Department of Labor and <br />Industries. City staff is not required to maintain file records of validations. <br />Untrue Certifications. Submission of an untrue certification by a bidder or service <br />provider is cause for contract termination. <br />Section 2. The City Clerk and the codifiers of this Ordinance are authorized to make necessary