Laserfiche WebLink
7.1A ORDINANCE <br />Page 5 <br />§43.05 MONITORING, COMPLIANCE AND ENFORCEMENT. <br />(A) Collection of Certified Payroll Records. Pursuant to this Chapter and Minn. Stat. Sec. 177.41- <br />.44 and applicable rules as may be amended from time to time, all contractors and <br />subcontractors on a Project must collect and/or furnish a statement on the wages paid to each <br />employee during the prior week. <br />(B) Submission of Certified Payroll Records. Upon request of the City, the EDA, or a City or EDA <br />designee, all Covered Persons shall, within five (5) working days, supply the City or EDA a <br />copy of Certified Payroll Records for all work performed on the Project by Laborers, <br />Mechanics, and Workers. <br />(C) Compliance Officer. A Compliance Officer, as designated by the City, will investigate all <br />complaints, and monitor compliance upon receipt of a complaint regarding violations of this <br />Ordinance. The Compliance Officer may request additional records reasonably required to <br />monitor compliance or investigate complaints regarding this Ordinance. Upon request made <br />by the Compliance Officer, all Covered Persons shall promptly provide additional records <br />reasonably required to monitor compliance with this Ordinance. All Covered Persons shall <br />permit the Compliance Officer physical access to the Project site at any time for the purpose <br />of monitoring compliance with this Ordinance. <br />(D) Project Completion. Upon completion of the project, the City or the EDA shall have the right <br />to require an appropriate audit of contractor's books and records to determine compliance or <br />noncompliance with the provisions of this chapter. Each contractor and subcontractor shall <br />retain the relevant bi-weekly payrolls for a period of not less than three (3) years after the <br />completion of the work. <br />§43.06 VIOLATIONS AND PENALTIES. <br />(A) Civil Enforcement. In addition to pursuit of criminal sanctions as provided in Paragraph B of <br />this Section, a violation of this Ordinance may result in the City or the EDA undertaking the <br />following actions: seeking injunctive relief to compel specific performance of the requirements <br />contained in this Ordinance; an order for restitution to be paid; contract payment withholding <br />sufficient to satisfy back wages or restitution assessed; contract payment delay; the <br />withholding of a fee equal to five (5) percent of the entire contract price to the City or the EDA <br />as liquidated damages; or the termination of the contract with the violating party. None of the <br />foregoing remedies are intended to be exclusive of any other remedy, but each is in addition <br />to every other remedy listed above or otherwise available. <br />(B) Criminal Enforcement. Any Covered Person who violates the provisions of this Ordinance <br />shall be guilty of a misdemeanor with each day of violation constituting a separate offense. <br />§43.07 RETALIATION. <br />(A) It shall be a violation of this chapter for an employer or any other person to interfere with, <br />restrain, or deny the exercise of, or the attempted exercise of, any right protected under this <br />chapter. <br />(1) Such rights include but are not limited to: the right to make inquiries about the <br />requirements of this chapter; the right to inform others about their rights; the right to <br />inform the person's employer, union, or similar organization, and/or the person's legal <br />counsel or any other person about an alleged violation; the right to file an oral or written <br />