ERIC J. HOLCOMB, GOVERNOR Rick J. Ruble, Commissioner +402 West Washington Sires, Room W405 DEPARTMENT OF LABOR er ya anes ec Grr asosro0 February 05, 2018 TWG Construction 333 N. Pennsylvania St Indianapolis, Indiana. 46204 RE: Child Labor Inspection # 7627-1-1 Inspection Date: 1/31/2018 Dear TWG Construction Representitive: ‘An agent of the Bureau of Child Labor conducted an inspection of TWG Construction on Wednesday, January 31, 2018 and found one or mare violations of Indiana's Child Labor Laws. At the conclusion of the inspection, the agent reviewed the results with Manager, Tyler Ridge. Indiana Code §20-33-3 provides for civil penalties for violation of Indiana's Child Labor Laws, First-time violations result jna letter of waming, Monetary penalties may be issued for each recurring violation. Please see the reverse side of this [etter for the Report of Investigation of Child Labor Compliance detailing the violations cited during this inspection and any penalties that have been assessed. ‘Ifyou have documentary evidence showing that a violation was cited in error, you may appeal the inspection results by submitting a written Petition for Review. Include with the written petition the documentary evidence showing inspector error. The Petition for Review should be submitted to the Commissioner of Labor not later than thirty (30) days from the date you receive this letter. If neither full payment nor a Petition for Review are rendered within thirty (30) days of your receipt ofthis letter, the Report of Investigation of Child Labor Compliance becomes an effective final order and monetary penalties shall be immediately due and payable. Any outstanding penalties will be forwarded to the Office ofthe Attorney General for collections. Payments of Petitions for Review may be mailed to: Indiana Department of Labor ATTN: DOL-Youth Fund / Inspection #7627-1-1 402 West Washington Street, Room W195 Indianpolis, IN 46204 For more information about Indiana's Child Labor Laws, or to inquire about free Child Labor training, please visit wivw.in.gov/dol/childlabor.htm . Ifyou have any questions or concems, you may also contact us by phone at (317)232-2655 or by e-mail at childlabor@dol.n gov Sincerely, Michael Myers Director, Bureau of Child Labor Indiana Department of Labor CC: TWG Construction Representitiv os “aga Oppainly Eee "rhes oud) Hoses "eowaodReport of Investigation of Child Labor Compliance Instructlons:This report is provided to the employer as explanatin ofthe violation found during on investigation of compliance with Indiana's Child Labor Laws,ALL VIOLATIONS MUST BE CORRECTED IMMEDIATELY. 1 a-e wor Peemt 03/33/36 [Alea Gomez ss _|Nowork Pernt Shown AL inspection warning ge lS Penalties may be paid vie creit card by visting our website at IN.gov/do, and clicking the lik Pay IDOL Online. Please reference Account 1420762711. Payments via check ot money order should be made payable to the "DOL - Youth Fund: and refer to Inspection #7627-1-1."REPORT OF INVESTIGATION OF CHILD LABOR COMPLIANCE ‘Sila Form 4048 (12/01) FOR Instructions: # Tobe ay he aber espace arti ha oun of Da Lata veeteadin, ALL VIOLATIONS MUST BE CORRE Te eae te had aka an pao ony. pet onl PAU — Sess ime atheeciar au Oem Pee A Consdruption —r Pee. Rennsy hana St Sraet arene of company Teorporaion (Gy, sae, 2 onto yc, 2 code pees pnt VANE Binge Mee Raeeas SS Rie [WS Tengilp Larnvs- leS 4-4-4] Birra fans Hears Invied, ela (p ep Eornezr |1bAl S22 /zee/. Finzi altaa pare $ S-1-9L Sob- Cake F9P baba Wy ate OGLE ea HOMIES eae 'A. Mor witout work permits Time carts Héur schedule For 8. Poster not displayed 7 5 C. Termination noice not retuned hileleri lean 1D Lterature C Teen Worker Hour Rastctona Poster (2) Inlondon To EimpoyA-t Cards) , Hour vilation: more than 30 minutes F. Profbted /hazardous occupaton Tepes operand © that toe peta I Aravem mittee opmowaoasy | ZZ t Seernre hari bse oo fle NSTRIBUTON: While copy- Employer, Canary copy- Cénal oes (Labor); Pn cony- InsprANAPOLIS MAYOR JOB HOOSETT ~~ September 4, 2019 Tony Knoble The Whitsett Group TWG Development 333 N Pennsylvania Street Suite 100 Indianapolis, IN 46204 Re: Wage Enforcement Investigation Conclusion and Remedy Dear Mr. Knoble, This letter follows up on our April 3, 2019 letter informing you of the investigation into allegations of wage theft violations by the Whitsett’s Group's subcontractor, Yanez Construction. Tt serves as a formal written waming and also informs you of the remedy being imposed by the Office of Finance and Management for your failure to timely report the adverse determination against Yanez. I. Overview of Revised Code Chapter 272 Revised Code Section 272-105 provides that the Office of Finance and Management may develop policies and procedures to review agreements and ensure compliance with the Revised Code’s wage-enforcement rules, When the City receives a copy of a complaint against a person or their contractor or subcontractor involving allegations of wage theft or payroll fraud relating to any work done under a City contract or on a development site involving City incentives, the City will provide written notice that, if an adverse determination is rendered by state or federal authorities, the City will pursue available legal, contractual or equitable remedies. On or about ‘April 3, 2019, the Whitsett Group received notice of an investigation initiated by the City of Indianapolis of the Whitsett Group and a subcontractor used by your company, Yanez Construction. The City Controller also has the right to investigate an adverse determination that is not reported within thirty days as required under Section 272-103. If an adverse determination is rendered against a city contractor or incentive-benefit recipient, Revised Code Section 272-105(c) provides several remedies, including the following: ‘© Service Contracts: (1) if the violation is by a Contractor, the service agreement may be terminated or the contractor may be deemed ineligible for future use; and (2) ifthe violation is by the Subcontractor, notification to the Contractor that the City may terminate the fice of Equel Opportunity 200 E, Washingion eet, Rom 1601 * Indianapolis IN 46204 Phone! 3173274055, THE CITY OF ax: 317-327-2968 INDIANAPOLIS: ‘woe indy gov‘Agreement if the Subcontractor remains or violates this ordinance in the future, or the ‘Subcontractor will be deemed ineligible for work on City Agreements or as a Subcontractor on any City Service Agreements. + For DMD or MDC Incentive or Benefit Agreements: (1) terminate agreement with Developer or incentive/benefit recipient and/or unilateral reduction of incentive/benefits provided under the Agreement up to 100% of the value of the yet to be provided benefits; (2) deem the person or their contractor ineligible for future agreements or contracts with the City; (3) debar the person or their contractor from future agreements or contracts with the City; (4) inform relevant City departments of the adverse determination to determine if further action is necessary ot available. If an adverse determination is rendered against a subcontractor of a developer or incentive/benefit recipient, Revised Code Section 272-105(d) provides that the City will pursue any of the following remedies: (1) Notify the incentive/benefit recipient, contractor, and subcontractor that the City may terminate the agreement if the subcontractor remains or violates the Wage Theft or Payroll Fraud laws in the future, or the City may unilaterally reduce the incentive/benefit provided in the agreement up to 100% of the yet to be paid value or provided incentive/benefit; (2) Deem subcontractor ineligible for future City agreements or contracts; (3) Debar the subcontractor for future City agreements or contracts; (4) Inform the relevant City departments to determine if further action is necessary or available. Il. Overview of Office of Finance and Management policies implementing Chapter 272 Under the authority provided in Revised Code Chapter 272, the Office of Finance and Management has adopted a policy to guide the determination of an appropriate remedy under the various circumstances that may arise under that chapter. Please review the overview of the Office of Finance and Management policy to understand what course of action the City shall take as a result of an investigation where reprimand is required. Prime Vendor ~ Failure to Report adverse finding against Subcontractor (in five-year period) First instance ~ Written Warning ‘© Second Instance — Ineligible for new City contracts for six months, reduction of up to 10% of any yet-to-be-provided incentive or benefit © Third Instance - Two-year debarment, reduction of up to 50% of any yet-to-be- provided incentive or benefit«Fourth or more ~ Five-year debarment, reduction of up to 100% of any yet-to-be- provided incentive or benefit Prime Vendor — Receives Direct Adverse Finding «Ineligible for new City contracts for one year, reduction of up to 50% of any yet-to-be- provided incentive or benefit May be terminated on existing City contract() if in the best interest of the City «If findings indicate a willful act of theft or fraud, the contractor may be added to the debarment list for up to of three years © Multiple findings in five-year period will result in a debarment of 3 to 5 years, in the discretion of the City, and a reduction of up to 100% of any yet-to-be-provided incentive or benefit, © Purchasing will immediately notify all construction managers, requisitioners, and project managers within all departments of the finding Subcontractor — Receives Adverse Finding Ineligible for working on new City contracts for one year © May be terminated on existing contract(s) if in the best interest of the City «If findings indicate a willful act of theft or fraud, the subcontractor may be added to the debarment list for up to of three years. ‘© Multiple findings in five-year period will result in a debarment of 3 to 5 years, in the discretion of the City, and a reduction of up to 100% of any yet-to-be-provided incentive or benefit, © Purchasing will immediately notify all construction managers, requisitioners, and pioject managers within all departments of the finding. IL. _ Investigation Findings and Remedy ‘The City of Indianapolis — Marion County has concluded its investigations and determined the following: ‘The Whitsett Group failed to provide timely notice of an adverse determination rendered against a subcontractor providing services as required in Indianapolis Revised Code Section 272-103. This is the Whitsett Group’s first offense. ‘The following remedy shall be imposed: written warning. For your reference, this letter encloses a copy of Chapter 272 of the Revised Code. Should you have any questions regarding this determination, please contact Deputy Controller Brett Wineinger at 317-327-4306.Enclosure(s) CC (via Email): Dave Condon, Administrator, Purchasing Division; Brett Wineinger, Deputy Controller, Office of Finance and Management; Emily Mack, Director, Department of ‘Metropolitan Development; John Dillon, President, Metropolitan Development Commission; Donald Morgan, Corporation Counsel; LeAnnette M. Pierce, Assistant Corporation Counsel; Emily L. Lewis, Compliance Officer