(1) A contract made in violation of Section 17-1404 shall be voidable at the City's option.
(2) No Applicant shall make a material misstatement or omission in the disclosures required by subsection 17-1402(1)(b); and no Contractor shall make a material misstatement or omission in the disclosures required by subsection 17-1402(1)(e); and no Person seeking Financial Assistance shall make a material misstatement or omission in the disclosures required by subsection 17-1404(3)(a). If an Applicant makes material misstatements or omissions in the disclosures required by subsection 17-1402(1)(b), or if a Contractor makes material misstatements or omissions in the disclosures required by subsection 17-1402(1)(e), such Applicant or Contractor shall be prohibited from entering into any Non-Competitively Bid Contract for a period of from one to three years, and such act shall be subject to a fine as provided for in Chapter 20-1300 ("Penalties For Campaign Finance-Related and Ethics-Related Violations").
(3) The Finance Director shall provide a process by which a final written determination may be made as to whether an Applicant or Contractor has made a material misstatement or omission and is therefore debarred and subject to an action seeking the imposition of fines under subsection (2), which process shall include written notice to the Applicant or Contractor and an opportunity for the Applicant or Contractor to be heard prior to any final determination. In making such determination, the Finance Director shall not find that an Applicant or Contractor has made a material misstatement or omission in a disclosure required by this Chapter if such disclosure is attested to by a duly authorized agent who has made reasonable inquiry to determine all facts that must be disclosed, who has fully and accurately disclosed all facts revealed by such reasonable inquiry, and who has no actual knowledge of the misstatement or omission. Upon determination of a material misstatement or omission, the Finance Director shall refer the matter to the Board of Ethics for imposition of such fines as the Board deems appropriate.
(4) A copy of every such written notice and final written determination shall be filed with the Department of Records. Upon receiving a final written determination, the Department of Records shall publish, in the same manner that notices are published under subsection 17-1402(1)(a), a summary of such written determination, including the name of the applicant, the contract for which the applicant had applied, the findings as to material misstatement or omission set forth in the final determination, and the penalties to which the Applicant or Contractor is subject.
Notes
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