[Adopted 2-6-2017 by Ord.
No. 2016-137 (§ 15.28 of the 1993 Code)]
For the purpose of this article, the following definitions apply:
An initial application or a renewal of a license or permit.
An employer who holds or seeks to hold a contract for goods,
services, or labor with the City of Quincy.
Including as used in the term "employment": to suffer or
permit to work.
A natural person who performs work for an employer operating
within the geographic boundaries of Quincy, but shall not include
any bona fide independent contractor as defined by MGL c. 149, § 148B.
Any natural person or business, whether or not incorporated
or unincorporated, who or which suffers or permits another to work
in the City of Quincy, under a contract to which the City of Quincy
or one of its departments is signatory, or who or which otherwise
maintains a commercial presence in the City of Quincy. This definition
excludes:
As defined in MGL c. 149, § 148B ("Massachusetts
Independent Contractor Law"), and any applicable regulations or advisory
guidance implementing that statute.
As defined in MGL c. 151, § 1.
As defined in MGL c. 151, § 1A.
As defined in MGL c. 149, §§ 26 to 27H.
As defined by MGL c. 149, § 148.
As defined by MGL c. 149, § 148.
Any action by an employer, his officers, agents, or employees
causing employer not to make a timely and/or complete payment of wages,
prevailing wage, or overtime earned and owing to an employee.
A.
RFP/bid and successful bidder requirements.
(1)
Every RFP or bid issued by the Purchasing Agent or other City department
shall include the certification and disclosure requirements required
by this article.
(2)
Every RFP or bid issued by the Purchasing Agent or other City department
shall notify bidders that they have an affirmative duty to report
any criminal or civil judgment, administrative citation, final administrative
determination, or debarment against the bidder or any of their subcontractors
occurring while their bid is pending to the City, and, if they are
the successful bidder, while their contract with the City is in effect,
within five business days of receipt. The RFP or bid will identify
the City department and individual to whom this must be reported.
(3)
Every RFP or bid issued by the Purchasing Agent or other City department
shall notify bidders that they may not contract with the City during
any part of the debarment by the City or state if they have been debarred
by the Commonwealth of Massachusetts or the City of Quincy, either
voluntarily or involuntarily, for the entire term of the debarment.
Such RFPs or bids shall also notify bidders that they may not use
any subcontractor who has been debarred by the City or the state during
the period of that subcontractor's debarment.
(4)
Successful bidders must either:
(a)
Provide a certification of compliance as required by this article
below. To the extent the bidder has been in business for less than
three years, it shall provide a certification certifying compliance
for the entire period of time for which the entity has been in existence.
(b)
To the extent a judgment, citation, or final administrative
order has issued against a bidder within three years prior to its
bid, provide a copy of the same, in addition to documentation demonstrating
that all damages, fines, costs, and fees have been paid to all aggrieved
complainants. In addition, the bidder must post a bond, to be maintained
for the life of the contract, as specified below.
(5)
Successful bidders must agree to post the notice available at http://www.mass.gov/ago/docs/workplace/wage/wagehourposter.pdf
in a conspicuous location accessible to all of their employees. To
the extent not all employees would have reasonable access to the notice
if posted in a single location by the successful bidder, the successful
bidder must inform the Purchasing Agent or other City department of
the number and location of postings in order to ensure that the successful
bidder provides reasonable notice to all of their employees and agrees
to make those additional postings.
B.
Certification and disclosures. The Purchasing Agent and any other
City department entering into contracts on behalf of the City shall
adopt the attached certification and disclosure requirement for all
applicants providing:
(1)
That an applicant certify to the Purchasing Agent or other City department
that neither they nor any of their subcontractors have been subject
to a federal or state criminal or civil judgment, administrative citation,
final administrative determination, or debarment resulting from a
violation of MGL c. 149, MGL c. 151 or 29 U.S.C. § 201 et
seq. within three years of their application.
(2)
In the alternative, the applicant shall disclose to the Purchasing
Agent or other City department any such criminal or civil judgment,
administrative citation, final administrative determination, or debarment
and include a copy of the same in their applications.
(3)
Every City department issuing a request for proposals or bids shall
notify applicants that they have an affirmative duty to report any
criminal or civil judgment, administrative citation, final administrative
determination, or debarment occurring while the contract is in effect
to the department within five business days of receipt.
C.
Reporting and notice requirements during the contract term.
(1)
Upon request by the Purchasing Agent or other City department, all
City contractors shall furnish their monthly certified payrolls to
the City's Purchasing Agent for all employees working on City
contracts.
(2)
To the extent a contract is for a term of one year or more, a City
contractor will provide the Purchasing Agent or other City department
with a certification compliant with this article on the effective
date of the contract and at each anniversary thereof until the contract
expires.
(3)
All City contractors will furnish to the Purchasing Agent or other
City department any criminal or civil judgment, administrative citation,
final administrative determination, or debarment issued during the
term of their contract(s) with the City against the City contractor
or its subcontractors within five business days of receipt.
(4)
To the extent required as set forth below, all City contractors shall
maintain a wage bond for the term of the contract(s) with the City.
D.
Wage bonds. Any successful bidder or City contractor admitting in
writing to or determined by the Purchasing Agent to have committed
a wage theft violation or subject to a criminal or civil judgment,
administrative citation, final administrative determination or debarment
as a result of a violation of MGL c. 149, MGL c. 151 or 29 U.S.C.
§ 201 et seq. within the three-year period prior to the
date of its bid to contract with the City shall be required to obtain
a wage bond or other form of suitable insurance in an amount equal
to the aggregate of one year's gross wages, or for the term of
the contract, whichever is less, for all employees, based on an average
of its total labor costs for the past two years. Such bond must be
maintained for the entire term of the contract(s), and for all contracts
of one year or more, proof of maintenance must be provided annually
or upon request of the Purchasing Agent or other City department.
E.
Suspension or revocation of contract; wage theft as material breach
of conditions in RFP or bid. If a City contractor is found to be in
violation of MGL c. 149, MGL c. 151 or 29 U.S.C. § 201 et
seq. or this article, and therefore in breach of its contract with
the City, the City may take one or more of the following actions:
(1)
Revocation of City contractor's contract with the City.
(2)
Suspension of the City contractor's contract with the City.
(3)
Debarment from all City contracts for a period of up to three years.
(4)
Imposing conditions on any future contracts with the City, including
but not limited to the posting of a wage bond and other reasonable
requirements.
