Ventura Municipal Code Art. 2 Administration

Prior to approval or renewal of a service contract, the city representative shall ensure that the covered employer is in compliance with the provisions of this chapter. The city representative shall have the authority to perform the following acts for the purposes of accomplishing the intent of this chapter:

A. Establish the content, size and posting locations of the “notice to employees” required from covered employers as described in Section 2.525.170.

B. Promulgate rules and regulations for purposes of ensuring that:

1. All contracts subject to this chapter including bid specifications, bid requests and lease agreements contain language advising contractors, subcontractors and CFARs of the requirements of this chapter.

2. All contracts and lease agreements subject to this chapter include a provision that a violation of this chapter shall constitute a material breach of the agreement, entitling the city to terminate the agreement and otherwise pursue legal remedies that may be available.

C.

1. Enforce the provisions of a service contract, or agreement with a CFAR on behalf of the city; and

2. Investigate and maintain records of complaints of possible violations of this chapter. (Ord. No. 2006-010, § 1, 6-5-06)

Annually for the first two years after the enactment of this chapter, and every other year thereafter, the city representative shall conduct evaluations of the implementation of this chapter and its effects, and shall report the findings at a public meeting of the city council. This report shall address all areas necessary to allow the city council to evaluate whether and to what extent the chapter is accomplishing its intended purposes including but not limited to the following areas: (A) covered employer compliance, (B) the effect of the chapter requirements on productivity and service quality of covered employees, contractors, subcontractors, and CFARs, and (C) any costs or savings to city resulting from the implementation of this chapter. (Ord. No. 2006-010, § 1, 6-5-06)

A. Any covered employee alleging a violation of the provisions of this chapter shall submit an oral and/or written complaint with the city representative containing the following information: a statement of the covered employee’s and covered employer’s names, the substance of the complaint and the address to which notices may be served on the covered employee and covered employer.

B. Any complaints received shall be treated as confidential matters, to the extent permitted by law. Any complaints received and all investigation documents related thereto shall be deemed exempt from disclosure pursuant to California Government Code, Section 6254 and 6255. (Ord. No. 2006-010, § 1, 6-5-06)

A. Determination of Violation. City representative shall make a determination whether a violation of this chapter has occurred within 60 days from receipt of the initial complaint and notify the parties in writing of their findings within this same time period.

B. Notice of Violation. If the city representative finds sufficient evidence that a violation has occurred, they shall issue a notice of violation which shall state:

1. The nature of the violation;

2. The corrective measures and remedies necessary to correct the violation; and

3. Require compliance and proof thereof within 30 days from date of the notice of violation.

C. Proof of Compliance. Proof of compliance must be submitted to city representative. Failure to timely comply or submit proof of compliance may be deemed a violation of this chapter. City may proceed to take enforcement action deemed necessary as set forth in Article 4 of this chapter. (Ord. No. 2006-010, § 1, 6-5-06)

All notices required by this chapter shall be served on the parties via personal service or first-class mail, postage prepaid, to parties’ last known address. Service shall be deemed effective when personally served or when deposited into the United States mail. (Ord. No. 2006-010, § 1, 6-5-06)