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(1) A contractor must pay its DBE subcontractors in a timely fashion for satisfactory work.
(2) A payment is timely if it is mailed, delivered, or transferred to a subcontractor no later than 7 days after the contractor receives payment from the City.
(3) Evidence of Compliance. Beginning with the second pay request from a contractor to the City, the contractor must provide the City with evidence that all DBE subcontractors have been paid out of the proceeds of the prior payment, unless a bona fide dispute, documented in writing, exists between the contractor and the unpaid DBE subcontractor.
(4) When the City has paid at least eighty percent (80%) of the contract price to the prime contractor, the prime contractor shall be required to return to the MBEC a sworn affidavit attesting to the amounts of the contract proceeds which have been paid to the subcontracting DBE. If such affidavit is not so returned, the Director of Finance shall withhold further payment to said contractor.