§ 79-7. Monitoring and enforcement.

A. 

Monitoring by the City.

(1) 

Monitoring activities. The City shall monitor compliance with this policy by covered entities. Monitoring activities may include requests to produce documentation, site visits, interviews, review of required reports, and any other monitoring activities the City reasonably finds necessary to assess compliance with this policy. Covered entities shall cooperate fully and promptly with any inquiries the City deems necessary in order to monitor compliance with this policy. The City may review a covered entity's compliance with this policy either on its own initiative or after receiving a complaint or inquiry from a member of the public or City staff member.

(2) 

Certified payroll. When a construction contractor or developer is required to provide certified payroll records to the City, the payroll record must indicate the resident status of each worker listed on the certified payroll.

B. 

Enforcement by the City.

(1) 

City enforcement procedures. The following procedures shall be followed when the City staff determines that there has been a violation of this policy:

(a) 

Notice of violation. When the City staff determines that there has been a violation of this policy, it shall notify the covered entity alleged to be in violation. Such notification shall be in writing, and shall specify the precise measures necessary to correct the violation.

(b) 

Good faith resolution efforts. If the covered entity does not correct the violation within 10 business days, the covered entity and the City staff shall make a good faith effort to hear all sides and to negotiate a resolution.

(c) 

Referral to City. If the covered entity and the City staff or designee cannot negotiate a resolution within 45 days of the notice of violation, the City staff or designee shall refer the matter to the City for enforcement efforts, depending on whether the contract that incorporated this policy was awarded by the City. At this time, the City staff may amend the notice of violation, and the covered entity alleged to be in violation shall forward to the City staff a written statement describing with particularity its position regarding the substance of the notice of violation. The City staff may refer a matter to the City for enforcement efforts in less than 45 days if it determines that there is a continuing violation of the policy.

(2) 

Enforcement by City. If the City staff and the covered entity cannot negotiate a resolution within a period of time deemed reasonable by the City, the City may take any or all of the following actions. While any of these actions are pending, City staff and the covered entity may continue to negotiate a resolution of the dispute.

(a) 

Arbitration. The City may refer the dispute to binding arbitration to be conducted in accordance with the rules of the American Arbitration Association regarding arbitration of commercial disputes. Each party shall bear its own costs of such arbitration, and the parties shall equally split the cost of the arbitrator. The arbitrator, upon hearing the matter, may provide for specific enforcement of this policy, injunctive relief against the covered entity or liquidated damages as described below.

(b) 

Enforcement by courts. The City may file a legal action in a court of law to enforce this policy. The court may provide for specific enforcement of this policy, injunctive relief against the covered entity and/or liquidated damages as described below. The court may award reasonable attorneys' fees and costs to the City if it prevails in such an action.

(c) 

Termination of contract. The City may terminate for cause any contract or other agreement between the City and the covered entity.

(d) 

Withholding of funds. If the entity is owed any monetary payments pursuant to a contract or debt, the City may withhold funds in an amount specified below as liquidated damages. If the covered entity is a subcontractor on a City-funded construction project, the City may withhold progress payments to the prime contractor on that project.

(e) 

Suspension or revocation of construction permit. If the covered entity is performing work requiring a construction permit or similar permit issued by the City, the City may suspend or revoke the construction permit or similar permit, or may issue a stop-work order.

(f) 

Declaration of ineligibility. The City may declare the covered entity ineligible for participation in future City public works contracts or City development projects for a period of three years or until liquidated damages and other restitution have been paid in full, whichever is longer.