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1 City of Salem In the year Two Thousand and Twenty-Three An Ordinance to amend an Ordinance relaƟve to wage theŌ. Be it ordained by the City Council of the City of Salem, as follows: Section I. Chapter 2 of the Code of Ordinances is hereby amended by inserƟng the following: “ARTICLE XIX. Wage TheŌ PrevenƟon Sec. 2-2070. Purpose. The Salem City Council has authority to adopt ordinances to protect the health, safety and welfare of all residents of the City of Salem and in adopƟng this Ordinance shall protect residents from a pracƟce commonly known as “wage theŌ,” the improper withholding of payment from employees and failing to pay them according to required schedules. Low income, immigrant, and limited English proficient workers, who represent a high percentage of the populaƟon of the City of Salem, are most vulnerable to this pracƟce as are workers in the hospitality service and construcƟon industries. Also, through this Ordinance, the City shall ensure that its vendors comply with federal and state wage laws and that City resources are not used to support vendors responsible for wage law violaƟons. And finally, this Ordinance shall ensure that potenƟal and current recipients of tax relief agreements and licenses issued under Massachusets G.L. chapter 138 and chapter 140 comply with applicable wage laws. Sec. 2-2071. DefiniƟons. "AdministraƟve CitaƟon”—a civil citaƟon issued by the atorney general pursuant to G.L c. 149 § 27C, a civil citaƟon issued by the Department of Labor pursuant to 29 U.S.C. § 201 et seq. and/or 29 C.F.R. § 578, or any other civil citaƟon for violaƟon of M.G.L. c. 149 or c. 151 and/or 29 U.S.C. § 201 et seq. issued by any other federal, state, or local administraƟve agency. “ApplicaƟon” – an iniƟal applicaƟon or a renewal of a license or permit. “City” -City of Salem and/or any of its poliƟcal subdivisions or departments. “Contractor” - a person or enƟty that holds a contract or seeks to contract with the City of Salem to provide a service, perform work, or provide materials, machinery, or labor necessary to perform work on real property. “Contractor” includes all bidders or proposers, contractors, construcƟon managers, and subcontractors of any Ɵer, including subcontractors that are not subject to M.G.L. Chapter 149, §44F and trade contractors under the bidder. “Debarment/debarred” - an exclusion from contracƟng and financial assistance by state or federal enƟƟes for a set period of Ɵme; “EACC”—Economic assistance coordinaƟng council, as defined by G.L. c. 23A, § 3A and established by G.L. c. 23A, § 3B.2; ---PAGE BREAK--- 2 “Employ,”- to suffer or permit to work. “Employee” – a natural person who performs work for an employer operaƟng within the geographic boundaries of Salem, but shall not include any bona fide independent contractor as defined by G.L. c. 149 § 148B; “Employer” – any natural person or business, whether or not incorporated or unincorporated, who suffers or permits another to work in the City of Salem, under a contract to which the City of Salem or one of its Departments is a signatory, or under agreement with the City for tax incenƟves, or who otherwise maintains a commercial presence in the City of Salem. This definiƟon excludes the United States, or a corporaƟon wholly owned by the government of the United States, and the Commonwealth of Massachusets, its subdivisions, and corporate bodies. “Independent contractor” – as defined in G.L. c. 149, § 148B (“Massachusets Independent Contractor Law”) and any applicable regulaƟons or advisory guidance implemenƟng that statute. “Minimum wage” – as defined at G.L. c. 151 § 1 as well as any other state or federal statute or regulaƟon establishing a minimum fair wage for parƟcular occupaƟons or classes of workers. “OverƟme” – as defined in G.L. c. 151 § 1A. “Prevailing wage” – as defined in G.L. c. 149 26-27H. “Stop work order”—as defined in G.L. c. 152, § 25C and 452 C.M.R. § 8.00. “Tax Relief” - any issuance of tax relief provided under a Tax Increment Financing Agreement, a Housing Development ExempƟon Agreement, or any other provision of law or regulaƟon authorizing the issuance of tax relief. “Tax Relief Agreement” - any Agreement or other form of document governing the terms and condiƟons of the issuance of Tax Relief by the City of Salem. “Timely Payment of Wages” – as defined by G.L. c. 149 § 148. “Tipped employee”-an employee engaged in an occupaƟon in which they customarily and regularly receive Ɵps in an amount equal to or more than the dollar amount provided in the Fair Labor Standards Act. “Wage” – as defined by G.L. c. 149, §148. “Wage TheŌ” – any acƟon by an Employer, their officers, agents, or employees causing Employer not to make a Ɵmely and /or complete payment of wages, to pay the minimum wage or prevailing wage, or to pay overƟme earned and owing to an employee. Sec. 2-2072. Wage TheŌ Compliance Process. A) ReporƟng Complaints and ViolaƟons The City Solicitor’s Office shall create an online complaint form that affected employees, or any other persons, may use to report complaints and violaƟons. Printed noƟce, a digital copy of which shall be prepared by the Solicitor, shall be displayed in all businesses with employees where mandatory state and ---PAGE BREAK--- 3 federal labor law posters are and such noƟce shall specify that complaints can be made anonymously. The noƟces shall be in all languages spoken by at least 5% of the City populaƟon in the most recent United States Census and displayed on the City’s web page, City Hall and Annex. The noƟce shall be provided to all businesses seeking a business cerƟficate from the City Clerk’s office. B) Filing and Receipt of Complaints Complaints of violaƟons of state law under G.L. c. 149 and c. 151 may be reported to the office of the City Solicitor. The City Solicitor’s office shall refer reports of employees affected by wage theŌ in Salem to appropriate agencies. Affected employees may fill out complaint forms at the office of the City Solicitor. Complaints may be filed by an affected employee or any other person. C) Required communicaƟon with the Atorney General’s Office Unless otherwise specified in wriƟng by the complainant, the City shall forward each complaint submited to it pursuant to G.L. c. 149 and c. 151 to the Commonwealth’s Office of the Atorney General within 30 days of receipt. D) Required communicaƟon with other City departments The City Solicitor’s office shall forward each verified and sustained complaint submited to the City of Salem’s Purchasing Agent, Licensing Board and City Council. If a complaint pertains to work performed at any property subject to a City-issued Tax Increment Financing (TIF) or Tax Increment ExempƟon (TIE) Agreement, collecƟvely referred to herein as “Tax Relief Agreements,” the City Solicitor’s office shall also send a copy to the Commonwealth’s Economic Assistance CoordinaƟng Council (EACC). E) Annual ReporƟng The City of Salem shall publish an annual report, through the City Solicitor’s office, detailing all verified and sustained wage theŌ complaints received and acƟon taken in response to such complaints, including specifically the status or final disposiƟon of each complaint. Sec. 2-2073. Requirements for Contractors. A) Requests for Proposals (RFP)/InvitaƟon for Bids (Bid) and Successful Bidder Requirements 1. All bidders or proposers, contractors, and subcontractors, including those that are not subject to M.G.L. Chapter 149, §44F, under the bidder/proposer, shall as a condiƟon for bidding, contracƟng, or subcontracƟng verify under oath and in wriƟng at the Ɵme of bidding or submital in response to an RFP or in any event prior to entering into a contract or subcontract at any Ɵer, that they comply with the requirements of this Ordinance for bidding, contracƟng or subcontracƟng and, for the duraƟon of the project, shall comply with the Ordinance requirements and obligaƟons. 2. Every RFP or bid issued by the Purchasing Agent or other City department shall noƟfy bidders/proposers that they have an affirmaƟve duty to report any criminal or civil judgment, administraƟve citaƟon, or final administraƟve determinaƟon for wage theŌ against the bidder/proposer or any of its subcontractors entered within the five years prior to bid submission, as well as any debarments against the bidder/proposer or any of its subcontractors in effect while its bid is pending to the City, and shall further noƟfy bidders/proposers that if they are the successful bidder/proposer, they ---PAGE BREAK--- 4 and any of their subcontractors have an affirmaƟve duty to report, within five business days of receipt, any criminal or civil judgment, administraƟve citaƟon, final administraƟve determinaƟon, order, or debarment against the bidder/proposer or any its subcontractors while their contract with the City is in effect. The RFP or bid will idenƟfy the City department and individual to whom this must be reported. 3. Every RFP or bid issued by the Purchasing Agent or issuing City department shall noƟfy bidders/proposers that they may not contract with the City if they have been either voluntarily or involuntarily debarred for wage theŌ by the federal government, any agency of the Commonwealth of Massachusets or any other state, or any municipal body—including, but not limited to, the City of Salem—for the enƟre term of the debarment. Such RFPs or bids shall also noƟfy bidders/proposers that they may not use any subcontractor who has been debarred for wage theŌ by the federal government or any state or municipal government – including, but not limited to, the City of Salem during the period of that subcontractor’s debarment. 4. Bidders/proposers that are subject to municipal, state, or federal debarment for violaƟon of the above laws, either voluntarily or involuntarily, or that have been prohibited from contracƟng with the Commonwealth or any of its agencies or subdivisions will be deemed not responsible and their bids or proposals shall be rejected. Such bidders/proposers shall be deemed not responsible for the enƟre term of debarment or other stated Ɵme period. During the term of a Contract, upon a finding or order of such debarment or prohibiƟon, the City may, at its sole discreƟon, terminate the contract without penalty. 5. Successful bidders/proposers must provide a cerƟficaƟon of compliance as required by this SecƟon. To the extent that the bidder/proposer has been in business for less than five years, it shall provide a cerƟficaƟon cerƟfying compliance for the enƟre period of Ɵme for which the enƟty has been in existence. To the extent a judgment, citaƟon, or final administraƟve order has been issued against a bidder/proposer within five years prior to its bid, provide a copy of the same, in addiƟon to documentaƟon demonstraƟng that all damages, fines, costs, and fees have been paid. In addiƟon, the bidder/proposer must post a bond, to be maintained for the life of the contract, as specified by this SecƟon. 6. Successful bidders/proposers must agree to post the Massachusets Wage & Hour poster in a conspicuous locaƟon accessible to all of their employees. To the extent not all employees would have reasonable access to the noƟce if posted in a single locaƟon, the successful bidder/proposer must inform the Purchasing Agent of the number and locaƟon of posƟngs in order to ensure that they provide reasonable noƟce to all of their employees. If the Purchasing Agent so requires, the successful bidder/proposer must make and post addiƟonal posters. B) CerƟficaƟon and Disclosures 1. All bidders or proposers, contractors, and subcontractors , including those that are not subject to M.G.L. Chapter 149, §44F under the bidder/proposer, shall as a condiƟon for bidding, contracƟng, or subcontracƟng verify under oath and in wriƟng at the Ɵme of bidding or submital in response to an RFP or in any event prior to entering into a contract or subcontract at any Ɵer, that they comply with the following condiƟons for bidding, contracƟng or subcontracƟng and, for the duraƟon of the project, shall comply with the following requirements and obligaƟons: ---PAGE BREAK--- 5 a. CerƟfies to the Purchasing Agent that neither they nor any of their subcontractors, or contractors below them at any level have been subject to a criminal or civil judgment, administraƟve citaƟon, final administraƟve determinaƟon, order, or debarment resulƟng from a violaƟon of G.L. c. 149, G.L. c. 151, or 29 U.S.C. § 201 et seq. within five years of their applicaƟon; b. Discloses to the Purchasing Agent or issuing City department any such criminal or civil judgment, administraƟve citaƟon, final administraƟve determinaƟon, or debarment and include a copy of the same in their applicaƟons. C) NoƟce Requirement Every City department issuing an RFP or bids shall noƟfy applicants that they have an affirmaƟve duty to report to said department and the City Solicitor, within five business days of receipt, any criminal or civil judgment, administraƟve citaƟon, final administraƟve determinaƟon, order, or debarment against them or any of their subcontractors related to wage theŌ and occurring while the contract is in effect. D) ReporƟng and NoƟce Requirements during the Contract Term 1. The contractor shall maintain appropriate industrial accident insurance sufficient to provide coverage for all the employees on the project in accordance with M.G.L. Chapter 152 and provide documentary proof of such coverage included with the contractor’s submited bid to the City of Salem to be maintained as a public record. 2. The contractor shall properly classify employees as employees rather than independent contractors and treat them accordingly for purposes of prevailing wages and overƟme, workers’ compensaƟon insurance coverage, unemployment taxes, social security taxes and state and federal income tax withholding. (See M.G.L. Chapter 149, §148B on employee classificaƟon). 3. Any construcƟon contractor must make arrangements to ensure that each employee of every contractor and subcontractor of any Ɵer entering or leaving the project individually completes the appropriate entries in a daily sign-in/out log. The sign in/out log shall include: the locaƟon of the project; current date; printed employee name; signed employee name; name of employee’s employer and the Ɵme of each entry or exiƟng. The log shall contain a prominent notice that employees are entitled under state law to receive the prevailing wage rate for their work on the project. Such sign-in/out logs shall be provided to the Purchasing Agent upon request and shall be a public record to the extent permitted by law. 4. The contractor must be in compliance with the health and hospitalization requirements of the Massachusetts Health Care Reform law established by Chapter 58 of the Acts of 2006, as amended, and regulations promulgated under that statute by the Commonwealth Health Insurance Connector Authority 5. All construcƟon contractors shall furnish their cerƟfied payrolls to the City’s Purchasing Agent for all employees working on City contracts for the enƟre duraƟon of the project. 6. All Contractors shall furnish to the Purchasing Agent any criminal or civil judgment, administraƟve citaƟon, final administraƟve determinaƟon, order, or debarment related to Wage TheŌ and issued during ---PAGE BREAK--- 6 the term of their contract(s) with the City against the Contractor or its sub-contractors within five business days of receipt. 7. To the extent required as set forth below, all contractors shall maintain a wage bond for the term of the contract(s) with the City. E) Wage Bonds Any successful bidder/proposer or contractor or subcontractor who has had a criminal or civil judgment, administraƟve citaƟon, final administraƟve determinaƟon, order, or debarment, resulƟng from a violaƟon of M.G.L. c. 149, M.G.L. c. 151, 29 U.S.C. § 201 et seq., or any other state or federal laws regulaƟng the payment of wages within five years prior to the date it submits its bids or proposals, and that is not otherwise prohibited from public contracƟng, shall be required by the City to obtain a wage bond or other form of suitable insurance in an amount equal to the aggregate of one year’s gross wages for all employees, based on an average of its total labor costs for the past two years, but in no event shall such amount be less than $5,000. Such bond must be maintained for the terms or extensions of any Contract, and proof of such bond must be provided upon request by the City. Failure to comply with this secƟon may consƟtute grounds for modificaƟon, suspension, and/or revocaƟon of the contract at the City’s discreƟon and without penalty to the City. F) Suspension or RevocaƟon of Contract/Wage TheŌ as Material Breach of CondiƟons in RFP or Bid If a Contractor is found to be in violaƟon of G.L. c. 149, G.L. c. 151, or 29 U.S.C. § 201 et seq., or this SecƟon, and therefore in breach of its contract with the City, the City may take one or more of the following acƟons with ten (10) days’ noƟce to said contractor: a. RevocaƟon of Contractor’s contract with the City; b. Suspension of Contractor’s contract with the City; and/or c. Impose condiƟons on any future contracts with the City, including, but not limited to, the posƟng of a wage bond and other reasonable requirements. G) Applicability The requirements of this SecƟon, including any sancƟons imposed herein, that are applicable to any contractor or any enƟty funcƟoning in any such capacity, and any other contractor or subcontractor of any Ɵer or other person that is engaged to perform under a City contract shall also be applicable to, and effecƟve against, any successor Employer that has at least one of the same principals or officers as the prior Employer; and (ii) is engaged in the same or equivalent trade or acƟvity as the prior Employer. SecƟon 2-2074. Requirements for Tax Relief Agreements A) Minimum Mandatory CondiƟons In addiƟon to any other condiƟons that may be required in connecƟon with the issuance of any Tax Relief issued by the City of Salem, each Tax Relief Agreement entered into between the City of Salem and the recipient of such Tax Relief shall be subject to and shall include a reference to the mandatory compliance with this Ordinance. The following condiƟons shall be required: ---PAGE BREAK--- 7 1. CerƟficaƟons and Disclosures It shall be a special and material condiƟon of any Tax Relief Agreement that any construcƟon manager, general contractor or other lead or prime contractor, or any enƟty funcƟoning in any such capacity, and any other contractor or subcontractor of any Ɵer or other person that is engaged to perform the construcƟon work on the assisted project during the term of the Agreement (hereinaŌer, collecƟvely and individually, the “contractor”) shall comply with the following qualificaƟons and condiƟons at all Ɵmes during their performance of work on the property: a. Any and all persons, natural or corporate, who are non-government signatories to the Tax Relief Agreement shall provide the City Solicitor with a list of all construcƟon managers, general contractors, lead or prime contractors, subcontractors, or any enƟty funcƟoning in any such capacity, and any other contractor or subcontractor of any Ɵer engaged to perform work on the property subject to the Tax Relief Plans during the term of the Agreement. An iniƟal list must be provided to the City Solicitor prior to the start of any work on the property subject to the Tax Relief Agreement. b. Should any addiƟonal or replacement enƟƟes be engaged to perform work on the property subject to the Tax Relief Plans during the term of the Tax Relief Agreement, the signatory must provide to the City Solicitor the name of such enƟty no later than fourteen (14) days aŌer that enƟty begins work on the property. c.Tax Relief Agreement recipient signatories shall further cerƟfy that they shall not engage any enƟty to perform work on the property covered under the Tax Relief Agreement if such enƟty is subject to any debarment for any reason, or an unpaid criminal or civil judgment, administraƟve citaƟon, or final administraƟve determinaƟon for wage theŌ, and that they shall not have enƟƟes performing work on the property who have been the subject of an indictment, judgment, or grant of immunity, including pending acƟons, for any business-related conduct consƟtuƟng a crime under state or federal law; nor have any enƟƟes performing work on the property who have been the subject of a government suspension or debarment, rejecƟon of any bid or disapproval of any proposed contract or subcontract, including pending acƟons, for lack of responsibility denial or revocaƟon of prequalificaƟon or a voluntary exclusion agreement; nor have enƟƟes performing work on the property who have been the subject of any governmental determinaƟon of a violaƟon of any public works law or regulaƟon, or labor law or regulaƟon or regulaƟon of any OSHA violaƟon deemed “serious or willful” within the five year period preceding the date such Agreement is signed. If, notwithstanding such cerƟficaƟon, any interested person gives the City of Salem writen noƟce, via the City Solicitor, that any person or enƟty engaged to perform work on a property subject to a Tax Relief Agreement is subject to a debarment or an unpaid criminal or civil judgment, administraƟve citaƟon, or final determinaƟon in violaƟon of the cerƟficaƟon provisions of this subsecƟon and entered within the five year period prior to the date the Tax Relief Agreement is signed, the City Solicitor shall write to all signatories to the Tax Relief Agreement within ten (10) business days and request that the outstanding judgment or determinaƟon be saƟsfied or that the person or enƟty subject to such judgment or determinaƟon be immediately replaced on the project. d. The contractor has not been found within the past five years by a court or governmental agency in violaƟon of any law relaƟng to providing workers compensaƟon insurance coverage, ---PAGE BREAK--- 8 misclassificaƟon of employees as independent contractors, payment of employer payroll taxes, employee income tax withholding, earned sick Ɵme, wage and hour laws, prompt payment laws, or prevailing wage laws. The requirements of this SecƟon, including any sancƟons imposed herein, that are applicable to any Employer shall also be applicable to, and effecƟve against, any successor Employer that has at least one of the same principals or officers as the prior Employer; and (ii) is engaged in the same or equivalent trade or acƟvity as the prior Employer. If the outstanding judgment or determinaƟon as specified in this secƟon has not been saƟsfied, nor the person or enƟty subject to such judgment replaced on the project, within fourteen (14) days of when the City Solicitor informs the signatories to the Agreement of the outstanding violaƟon, then the Agreement shall provide that such an event materially frustrates the public purpose for which this Agreement and any cerƟficaƟon of the Agreement by the City was intended to advance. 2. Special and Material CondiƟons of Tax Relief Agreements with City of Salem A. It shall be a special and material condiƟon of any Tax Relief Agreement that any construcƟon manager, general contractor, or other lead or prime contractor, or any enƟty funcƟoning in any such capacity, and any other contractor or subcontractor of any Ɵer or other person that is engaged to perform the work during the term of their Tax Relief Agreement on the property that is the subject of the Tax Relief Agreement shall comply with the following qualificaƟons and condiƟons at all Ɵmes during their performance of work on the property: a. maintain appropriate industrial accident insurance sufficient to provide coverage for all the employees on the project in accordance with G.L. c.152 and provide documentary proof of such coverage to the Building Inspector to be maintained in the Building Department as a public record; b. properly classify employees as employees rather than independent contractors and treat them accordingly for purposes of workers’ compensaƟon insurance coverage, unemployment taxes, social security taxes and state and federal income tax withholding. (G.L. c.149, §148B on employee classificaƟon); c. comply with G.L. c. 149, § 148 with respect to the payment of wages; and d. comply with the health and hospitalizaƟon requirements of the Massachusets Health Care Reform law established by Chapter 58 of the Acts of 2006, as amended, and regulaƟons promulgated under that statute by the Commonwealth Health Insurance Connector Authority. B) Wage TheŌ Complaints for ProperƟes Covered by Tax Relief Agreements The City Solicitor shall respond to any complaints for violaƟons of the legal obligaƟons outlined in this secƟon, including complaints for wage theŌ that pertain to work performed at any property subject to a Tax Relief Agreement by sending noƟce of such complaint to all signatories of the Tax Relief Agreement within thirty (30) business days of receiving such complaint. The Solicitor may take appropriate steps to resolve such complaint aŌer such noƟce is provided, including, but not limited to, arranging informal and voluntary mediaƟons involving the affected worker, the Agreement signatories, ---PAGE BREAK--- 9 and any implicated contractor or subcontractor of any Ɵer on the project. If, aŌer the Solicitor has properly served noƟce of a complaint upon the signatories to a Tax Relief Agreement pursuant to this subsecƟon, any Employer becomes subject to a federal or state criminal or civil judgment, administraƟve citaƟon, stop work order, debarment, or final administraƟve determinaƟon resulƟng from a violaƟon of any of the legal obligaƟons outlined in this secƟon and if such judgment, citaƟon, or order is not saƟsfied or discharged, or the offending Employer replaced on the project, within fourteen (14) business days of the entry of such judgment, citaƟon, or order, the parƟes agree that such an event materially frustrates the public purpose that the Tax Relief Agreement and any cerƟficaƟon of the Tax Relief Agreement by the City was intended to advance. C) TerminaƟon of Tax Relief Agreements In the event the public purpose of a Tax Relief Agreement is materially frustrated pursuant to this SecƟon, the City Council shall hold a public hearing and vote at its next regularly scheduled meeƟng regarding whether to terminate the tax relief provided by such Tax Relief Agreement and peƟƟon the EACC for revocaƟon of that porƟon of its cerƟficaƟon of the Tax Relief Agreement corresponding to such Tax Relief Agreement. If the terminaƟon of such Tax Relief Agreement is approved by the City Council, the owner of the property covered by such Tax Relief Agreement shall forfeit the receipt of any funds or future tax benefits and/or shall return any such funds already received in connecƟon with the project. D) Requirements for Successors-in-Interest The requirements of this SecƟon, including any sancƟons imposed herein, that are applicable to any bidder, proposer, contractor or any enƟty funcƟoning in any such capacity, and any other contractor or subcontractor of any Ɵer or other person that is engaged to perform the construcƟon work during the term of this Agreement on the property shall also be applicable to, and effecƟve against, any successor Employer that has at least one of the same principals or officers as the prior Employer; and (ii) is engaged in the same or equivalent trade or acƟvity as the prior Employer. SecƟon 2-2075. Requirements for Licensees and ProspecƟve Licensees. A) ViolaƟons of Wage Laws by Licensees or Permitees Any applicaƟon filed by an Employer to the Salem Licensing Board for any license issued pursuant to M.G.L. c. 138 or M.G.L. c. 140 may be denied if, during the five- year period prior to the date of the applicaƟon, the applicant Employer has been subject to a federal or state criminal or civil judgment, administraƟve citaƟon, order, debarment, or final administraƟve determinaƟon resulƟng from a violaƟon of M.G.L. c. 149, M.G.L. c. 151, 29 U.S.C. § 201 et seq., or any other state or federal laws regulaƟng the payment of wages. Each such applicant shall cerƟfy that they have not been found guilty, liable or responsible, in the past five years, in any judicial or administraƟve proceeding, for any violaƟon of any of the laws set forth above. B) Requirements for License Holders Any license or permit issued by the Salem Licensing Board under M.G.L. c. 138 or M.G.L. c. 140 to an Employer may be modified, suspended or revoked if, during the term of the license or permit, the licensee or permitee Employer has been subject to a criminal or civil judgment, administraƟve citaƟon, ---PAGE BREAK--- 10 final administraƟve determinaƟon, order, or debarment resulƟng from a violaƟon of M.G.L. c. 149, M.G.L. c. 151, 29 U.S.C. § 201 et seq. or any other state or federal laws regulaƟng the payment of wages. C) Wage Bonds for License Holders Employers granted a License or Permit that have disclosed a criminal or civil judgment, administraƟve citaƟon, final administraƟve determinaƟon, order, or debarment resulƟng from a violaƟon of M.G.L. c. 149, M.G.L. c. 151, 29 U.S.C. § 201 et seq., or any other state or federal laws regulaƟng the payment of wages within five ( 5) years prior to the date they submit their applicaƟons, or Employers granted a License or Permit who become subject to a federal or state criminal or civil judgment, administraƟve citaƟon, final administraƟve determinaƟon, order, or debarment resulƟng from a violaƟon of M.G.L. c. 149, M.G.L. c. 151, 29 U.S.C. § 201 et seq., or any other state or federal laws regulaƟng the payment of wages during the term of the License or Permit, may be required by the City to obtain a wage bond or other form of suitable insurance in an amount equal to the aggregate of one year’s gross wages for all employees (including Ɵpped employees), based on an average of its total labor costs for the past two years. Such bond must be maintained for the terms or extensions of any License or Permit, and proof of such bond must be provided upon request by the City. Failure to comply with this SecƟon may consƟtute grounds for modificaƟon, suspension, and/or revocaƟon of the license or permit. Sec.2-2076. Severability If any provision of this Ordinance is held invalid or unenforceable by any court, such a holding does not invalidate or render unenforceable any other provision of the Ordinance, and the rest of the Ordinance shall remain in full force and effect. Section II. This Ordinance shall take effect as provided by City Charter.