Reso 1996-031 to 035 - Laserfiche WebLink

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against the employer of the worker for the difference between the prevailing wage rates and the amount paid to such worker for each calendar day or portion thereof for which the worker was paid less than the compensation required to be paid under the provisions of this subsection. No issue other than that of the liability of the employer for the amount of unpaid wages allegedly due shall be determined in such action or proceeding, and the burden shall be on the employer to establish that the amounts demanded are not due. A worker recovering any or all of the wages claimed to be due shall recover his costs and attorney fees in securing such recovery. Nothing in this section shall preclude its enforcement by the California Division of Labor Standards Enforcement. Nothing in this lease shall prevent the employment of any number of properly registered apprentices, as defined in Chapter 4, Division 3 of the Labor Code. Every such apprentice shall be paid not less than the standard wage paid to apprentices under the regulations of the crafts or trade at which the apprentice is employed, and shall be employed only at the work of the craft or trade to which the apprentice is registered. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which the apprentice is in training. Good faith efforts shall be made to maintain a ratio of apprentices to journeymen of not less than 20%, if the employer is signatory to an agreement to train, or otherwise bound to train, apprentices. When submitting the certified payroll records required hereunder Lessee shall submit documentary proof of the valid apprentice status of any worker listed as an apprentice. Lessee agrees that, any action by Lessee or its assignee against the City for the recovery of penalties or forfeitures shall be commenced, and written notice thereof shall be actually received by the City, within the ninety -day period after the City Manager notifies Lessee in writing that the City Manager has determined that the work is complete. Lessee agrees that such suit on the Lease for alleged breach thereof in not making an advance or reimbursement or in not permitting a credit to rent or other sums due the City is the exclusive remedy of Lessee or the Lessee's assignee with reference to such penalties or forfeitures. Lessee or Lessee's assignee may bring such suit without permission of the City, but the suit shall be limited to the recovery of the penalties or forfeitures without prejudice to Lessee or Lessee's assignee's rights in other matters affecting the Lease. Lessee agrees that no other issues shall be presented to the 11