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12 <br /> (g) The City Manager shall cause investigations to be made as may be <br /> necessary to determine whether there has been compliance with the <br /> provisions of this ordinance, the regulations promulgated thereunder, and <br /> those contained in the Service Contract. The Service Contractor shall <br /> permit representatives of the City to observe work being performed upon <br /> the work site, to interview Service Workers and to examine the books and <br /> records relating to the payrolls on the project being investigated to <br /> determine the correctness of classifications and any payment of proper <br /> regular and overtime rates as required. All such information provided by <br /> the Service Contractor will be treated as confidential, to the extent <br /> permitted by Chapter 132 of the North Carolina General Statutes, the <br /> Public Records Law, as it may be amended from time to time. Complaints <br /> of alleged violations shall be investigated promptly and statements, <br /> written or oral, made by a Service Worker shall be treated as confidential <br /> and shall not be disclosed to the Service Contractor without the consent <br /> of the Service Worker. <br /> (h) If necessary for the enforcement of this heading, the City Manager <br /> may issue subpoenas, compel the attendance and testimony of witnesses <br /> and the production of books, papers, records, and documents relating to <br /> payroll records necessary for investigations and hearings. Any such <br /> subpoena shall be served by the sheriff of Durham County. In case of <br /> refusal to obey or fully comply with any such subpoena, the person not <br /> complying may be summoned before the General Court of Justice, and <br /> upon failure to give satisfactory explanation of such failure or refusal, the <br /> court shall find the failure to be a misdemeanor violating Section 19 of the <br /> Durham City Charter, such violation punishable by a fine not exceeding <br /> $100 per day or imprisonment for a period not exceeding thirty (30) days. <br /> In addition, the General Court of Justice may issue any civil orders. as <br /> may be within its jurisdiction in order to enforce subpoenas issued under <br /> this ordinance. <br /> Sec. 27-4. Intentional Violation a Misdemeanor. <br /> In the event the City Manager shall determine, after notice and hearing, <br /> that any Service Contractor has failed to pay the Liveable Wage or has <br /> otherwise violated the provisions of this heading and that such failure was <br /> intentional, no contract shall be awarded to such Service Contractor, or to <br /> any business in which such Service Contractor has an interest, until one <br /> year has elapsed from the date of such determination. Provided, further, <br /> that any such intentional violation of the provisions of this heading shall <br /> be a misdemeanor, punishable upon conviction by a fine of not more than <br /> Five Hundred ($500.00). Proceedings before the City Manager shall not <br /> be considered a pre-condition to criminal prosecution under this heading. <br /> Each day's violation shall constitute a separate offense. <br />