§ 17-1606. Penalties and Other Remedies. 235

   (1)   A participant, contractor, developer, applicant or recipient of financial assistance, as defined in subsection 17-1601(4), who has failed to comply with any provisions of this Chapter, including any contract provisions imposed by this Chapter, is not eligible for financial assistance consideration or receipt of any financial assistance as set forth in subsection 17-1601(1).

   (2)   If the certifying agency and/or the Oversight Committee determines non-compliance with the provisions set forth in this Chapter, they may recommend that the City exercise, through appropriate channels, one or more of the following remedies, as deemed applicable: 236

      (a)   Withhold payment(s) or any part thereof pending corrective action.

      (b)   Terminate a contract, in whole or in part.

      (c)   Suspend a participant, contractor or recipient of financial assistance from bidding on and/or participating in future City contracts for up to three (3) years.

      (d)   Recover liquidated damages as outlined in the Plan.

   (3)   No contract shall be awarded to any contractor or subcontractor, or any principal, affiliate, successor or assignee of any contractor or subcontractor, who has been found to have intentionally violated any of the Workforce Diversity requirements of a contract or subcontract regulated under this Chapter or who has been found to have violated such requirements with respect to more than one City contract or subcontract within the past three years, until three years have elapsed from the date of the determination of such violation, unless the Procurement Commissioner, after reviewing the recommendation of the Director, or the Board of Labor Standards on appeal, shall fix a shorter period in view of extenuating circumstances relating to the particular violation. 237

   (4)   No contractor shall hire as a subcontractor on a City contract a contractor that has been determined ineligible to receive a City contract award during any time period established under subsection 17-1606(3). 238

   (5)   A contractor or subcontractor shall be subject to a fine of three hundred dollars ($300) for each violation of the Workforce Diversity requirements of this Chapter, including a violation of Section 17-1609, relating to retaliation; failure to make good and best faith efforts to meet Workforce Diversity requirements; submitting a second or subsequent late or incomplete payroll report in connection with a contract; failure to provide to the Unit access to documents or employees; or allowing an employee or other person to interfere with such access or an interview with an employee. 239

   (6)   For the purpose of enforcing the Workforce Diversity requirements of this Section, notices of violation shall be issued by authorized inspectors within the Labor Standards Unit or any other persons authorized to enforce ordinances. Such notices of violation shall be issued under the procedures set forth in Section 1-112, except that the amount required to be remitted in response to a notice of violation shall be one hundred dollars ($100). 240

 

Notes

235	Caption amended, Bill No. 160003 (approved April 5, 2016).
236	Amended, Bill No. 110559 (approved October 26, 2011).
237	Added, Bill No. 160003 (approved April 5, 2016).
238	Added, Bill No. 160003 (approved April 5, 2016).
239	Added, Bill No. 160003 (approved April 5, 2016).
240	Added, Bill No. 160003 (approved April 5, 2016).