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In addition to the duties given to the Mayor elsewhere, the Mayor shall:
1. By July 1st of each fiscal year, issue notices to all City departments informing them of their duties under this ordinance. The notice shall contain the following information: (1) the City-wide MBE/WBE participation goals that departments are expected to use good-faith efforts to attain during the fiscal year and that a department's failure to use good-faith efforts to attain the MBE/WBE participation goals shall be reported to this Board in the Commission's annual report; and (2) the data each department is required to provide the Controller on each contract award;
2. Coordinate and enforce cooperation and compliance by all departments with this ordinance.
(Added by Ord. 296-98, App. 10/5/98; amended by Ord. 134-03, File No. 030347, App. 6/1/2003)
(A) Contract awarding authorities shall:
1. Use good-faith efforts for all contracts subject to the bid/ratings discount provisions of this ordinance to solicit and to obtain quotes, bids or proposals from MBEs and WBEs on all solicitations, or document their unavailability;
2. Unless otherwise indicated in this ordinance, extend a discount in all bids, proposals and contracts and in the composition of rating scales as follows: (1) a five percent discount to (i) an LBE or (ii) a joint venture with MBE or WBE participation that equals or exceeds 35 percent but is under 40 percent; or (iii) where a joint venture is composed of only LBEs with no MBE or WBE participation or where the MBE or WBE participation is less than 35 percent; (2) a seven and one-half percent bid discount to a joint venture with MBE or WBE participation that equals or exceeds 40 percent; (3) a 10 percent discount to (i) an MBE or WBE or (ii) a joint venture between or among MBEs or/and WBEs.
The contracting awarding authority shall apply the aforementioned appropriate bid/ratings discount only to a joint venture (1) that meets the requirements of Section 12D.A.6(A)7 and (2) when the MBE or WBE is an active partner in the joint venture and performs work, manages the job and takes financial risks in proportion to the required level of participation stated in the bid documents and is responsible for a clearly defined portion of the work to be performed, and shares proportionately in the ownership, control, management responsibilities, risks, and profits of the joint venture. The portion of the MBE or WBE joint venture's work shall be set forth in detail separately from the work to be performed by the nonMBE or nonWBE joint venture partner. The MBE or WBE joint venture's portion of the contract must be assigned a commercially reasonable dollar value;
3. Arrange contracting by size and type of work to be performed so as most effectively to enhance the opportunity for participation by MBEs and WBEs to the maximum extent feasible. As soon as practical before soliciting quotes, bids or proposals, all contract awarding authorities or in the case of a professional services contract, the department making the contract award recommendation, shall submit all large proposals to the Director for review. The purpose of the Director's review is to determine whether the proposed project can be divided into smaller projects so as to enhance the opportunity for participation by MBEs and WBEs in the project purposes of this subsection, the term "large project" shall mean the following: (1) any public works/construction project estimated to cost more than $5,000,000; and (2) any professional services contract estimated to cost more than $100,000. If the Director determines, after consulting with the contract awarding authority or department responsible for the project, that the project can be divided into smaller projects, the contract awarding authority or department shall comply with the Director's determination and issue the solicitation for quotes, bids or proposals in accordance with the Director's determination;
4. Adjust bid bonding and insurance requirements in accordance with the most current version of the City's "Contract Insurance Manual" or as otherwise authorized by the City Risk Manager, Department of Administrative Services;
5. Use the City's Surety Bonding Program set forth in Administrative Code Section 12D.A.10 to assist MBEs, WBEs and LBEs bidding on and performing City pubic works contracts to meet bonding requirements and/or obtain construction loans;
6. Submit to the Office of Contract Administration (OCA) in electronic format or a format specified by the all bid opportunities, requests for proposals and Solicitations for which published notice or advertising is required, no later than 10 calendar days prior to the announcement of the bid opportunity, request for proposal or Solicitation. A contract awarding authority must obtain a waiver from its commission, or in the case of a department that has no commission, from the Board of Supervisors, if it cannot meet the requirements of this Section 12D.A.9(A)6. The OCA shall cause to be posted upon a website the following information concerning current bids, requests for proposals and Solicitations: the title and number; the name of the contract awarding authority; and the name and telephone number of the person to be contacted for further information. Such information shall be posted with sufficient lead time to provide adequate notice and opportunity to potential City contractors and vendors to participate in the bid opportunity, request for proposals or Solicitation, but in no event less than 10 calendar days prior to the due date for such bid opportunity, request for proposals or Solicitation;
7. Impose such sanctions or take such other actions as are designed to ensure compliance with the provisions of this ordinance, which shall include, but are not limited to:
(a) Refuse to award a contract,
(b) Order the suspension of a contract,
(c) Order the withholding of funds,
(d) Order the revision of a contract based upon a material breach of contract provisions pertaining to MBE or WBE participation,
(e) Disqualify a bidder, contractor, subcontractor, or other business from eligibility for providing goods or services to the City for a period not to exceed five years, based on the standards set forth in this ordinance and rules and regulations promulgated by the Commission. Any business disqualified under this subsection shall have a right to review and reconsideration by the Commission after two years upon a showing of corrective action indicating that violations are not likely to recur;
8. Not award any contract to a person or business that is disqualified from doing business with the City under the provisions of this ordinance;
9. Designate a staff person to be responsible for responding to the Director and Commission regarding the requirements of this ordinance;
10. Maintain accurate records as required by the Director and the Commission for each contract awarded, its dollar value, the nature of the goods or services to be provided, the name of the contractor awarded the contract, the efforts made by a contractor to solicit bids from and award subcontracts to MBEs and WBEs and LBEs;
11. Where feasible, provide technical assistance to MBEs and WBEs to increase their ability to compete effectively for the award of City contracts;
12. Work with the Director and the Controller to implement a City-wide prompt-payment policy requiring that MBEs, WBEs and LBEs be paid by the City within 30 days of the date on which the City receives an invoice from an MBE, WBE or LBE for work performed for the City;
13. Provide the Director with written notice of all contract amendments, modifications, supplements and change orders that cumulatively result in an increase or decrease of the contract's dollar amount of more than 10 percent. Such notice shall be provided within 10 days of each such contract modification;
14. Whenever contract amendments, modifications, supplements or change orders cumulatively increase the total dollar value of a contract by more than 10 percent, the contract awarding authority shall require compliance with those MBE and WBE provisions of this ordinance that applied to the original contract;
15. All contract amendments, modifications, supplements or change orders that cumulatively increase by more than 20 percent the total dollar value of all contracts originally valued at $50,000 or more shall be subject to prior approval of the Director, who shall review the proposed amendment, modification, supplement or change order to correct contracting practices that exclude women or minorities from new contracting opportunities.
(B) Contract awarding authorities or departments may invite, encourage or request businesses to joint venture on any contract to promote MBE or WBE participation.
(C) For the purpose of determining MBE and WBE participation, contracts awarded to joint ventures in which one or more MBEs or WBEs are combined with one or more businesses that are not MBEs or WBEs shall be deemed by the contract awarding authority to be awarded to MBEs or WBEs only to the extent of the MBEs or WBEs participation in the joint venture. MBE and/or WBE participation in the supply of goods shall be included in determining MBE and/or WBE participation in a joint venture if the goods are supplied in accordance with established general industry practice.
(D) Contract awarding authorities shall ensure that all contracts subject to this ordinance include the following requirements, in addition to such other requirements as may be set forth elsewhere:
1. Each bidder, proposer and contractor shall be required to sign an affidavit, declaring under penalty of perjury, attesting to its intention to comply fully with the provisions of this ordinance and attesting to the truth and accuracy of all information provided regarding such compliance;
2. Each contract shall incorporate this ordinance by reference and shall provide that the wilful failure of any bidder or contractor to comply with any of its requirements shall be deemed a material breach of contract;
3. Contracts shall provide that in the event that the Director finds that any bidder, subcontractor or contractor that wilfully fails to comply with any of the provisions of this ordinances, rules and regulations implementing the ordinance or contract provisions pertaining to MBE or WBE participationbidder, subcontractor or contractor shall be liable for liquidated damages for each contract in an amount equal to the bidder's or contractor's net profit on the contract, 10 percent of the total amount of the contract or $1,000, whichever is greatest, as determined by the Director pursuant to Section 12D.A.16(C). All contracts shall also contain a provision in which the bidder, subcontractor or contractor acknowledges and agrees that the liquidated damages assessed shall be payable to the City upon demand and may be set off against any monies due to the bidder, subcontractor or contractor from any contract with the City;
4. Contracts shall require all contractors to maintain records, including such information requested by the Director or Commission, necessary for monitoring their compliance with this ordinance and shall require prime contractors to include in any subcontract with an MBE or WBE a provision requiring the subcontractor to maintain the same records;
5. Contracts shall require prime contractors, during the term of the contract, to fulfill the MBE and WBE participation commitments submitted with their bids;
6. Contracts shall require prime contractors to include in any subcontract with an MBE or WBE a provision requiring the prime contractor to compensate any MBE or WBE subcontractor for damages for breach of contract or liquidated damages equal to 5% of the subcontract amount, whichever is greater, if the prime contractor fails to comply with its commitment to use MBE and WBE subcontractors as specified in the bid/proposal unless the Commission and the contract awarding authority both give advance approval to the prime contractor to substitute subcontractors or otherwise modify the commitments in the bid/proposal documents. Contracts shall also require prime contractors to compensate any MBE or WBE subcontractor for breach of contract or liquidated damages equal to 5% of the subcontract amount, whichever is greater, if the prime contractor does not fulfill its commitment to use the MBE or WBE subcontractor as specified in the bid/proposal unless the Commission and the contract awarding authority both give advance approval to the prime contractor to substitute subcontractors or otherwise modify the commitments in the bid/proposal documents. This provision shall also state that it is enforceable in a court of competent jurisdiction;
7. Contracts shall require prime contractors, whenever amendments, modifications, supplements, or change orders cumulatively increase the total dollar value of a construction contract by more than 10 percent, to comply with those MBE and WBE provisions of this ordinance that applied to the original contract with respect to the amendment, modification, supplement or change order;
8. Contracts shall require prime contractors to submit to the Director for approval all contract amendments, modifications, supplements, and change orders that cumulatively increase by more than 20 percent the total dollar value of all contracts originally valued at $50,000 or more. The Director shall review the proposed amendment, modification, supplement or change order to correct any contracting practices that exclude women and minorities from new contracting opportunities;
9. Contracts in which subcontracting is used shall prohibit back contracting to the prime contractor or lower-tier subcontracting for any purpose inconsistent with the provisions of this ordinance, rules and regulations adopted pursuant to this ordinance, or contract provisions pertaining to MBE and WBE utilization;
10. Contracts in which subcontracting is used shall require the prime contractor to pay its subcontractors within three working days after receiving payment from the City unless the prime contractor notifies the Director in writing within 10 working days prior to receiving payment from the City that there is a bona fide dispute between the prime contractor and the subcontractor, in which case the prime contractor may withhold the disputed amount but shall pay the undisputed amount. The Director may, upon making a determination that a bona fide dispute exists between the prime contractor and subcontractor, waive this three day payment requirement. In making the determination as to whether a bona fide dispute exists, the Director shall not consider the merits of the dispute. Contracts in which subcontracting is used shall also require the contractor/consultant, within 10 working days following receipt of payment from the City, to file an affidavit, under penalty of perjury, that he or she has paid all subcontractors. The affidavit shall provide the names and address of all subcontractors and the amount paid to each;
11. Contracts shall require contractors and subcontractors to maintain records necessary for monitoring their compliance with this ordinance for three years following completion of the project and shall permit the Commission and Controller to inspect and audit such records.
(E) All contracts or other agreements between the City and persons or entities, public or private, in which such persons or entities receive money from or through the City for the purpose of contracting with businesses to perform public improvements, shall require such persons or entities to comply with the provisions of this ordinance in awarding and administering such contracts.
(Added by Ord. 296-98, App. 10/5/98; amended by Ord. 174-00, File No. 001105, App. 7/14/2000; Ord. 189-02, File No. 021095, App. 9/27/2002; Ord. 134-03, File No. 030347, App. 6/1/2003)
(A) In addition to the general findings set forth in Section 12D.A 2, and based upon the record before this Board, the Board hereby finds that the evidence before the Board relating to the award of prime public works contracts for fiscal years 1992-93, 1993-94, 1994-95, 1996-97, 1997-98 and 1998-2003 reflects that MBEs and WBEs continue to be disadvantaged by discriminatory practices when competing for City prime public works contracts. Further, the Board finds that race-neutral measures employed by the City have not prevented such discrimination against MBEs and WBEs from occurring.
(B) Contract awarding authorities shall apply bid discounts as enumerated in Section 12D.A.9(A) to all public work contracts the estimated cost of which exceeds $10,000.
(C) Bonding and Financial Assistance Program.
1. Program Description. The City and County of San Francisco, acting through its Human Rights Commission ("HRC"), intends to provide guarantees to private bonding companies and financial institutions in order to induce those entities to provide required bonding and financing to eligible contractors and subcontractors bidding on and performing City public work contracts. This bonding and financial assistance program is subject to the provisions of this Subsection 12D.A.10(C).
3. Eligible Businesses. Businesses must meet the following criteria to qualify for assistance under this Subsection 12D.A.10(C):
(a) The business may be either a prime contractor or subcontractor; and
(b) The business must be certified by the HRC as a Minority Business Enterprise ("MBE"), Woman Business Enterprise ("WBE") or Local Business Enterprise ("LBE") according to the requirements of San Francisco Administrative Code Chapter 12D.A;
(c) The business may be required to participate in a "bonding assistance training program" as offered by the HRC, which is anticipated to provide the following:
(i) Bond application assistance,
(ii) Assistance in developing financial statements,
(iii) Assistance in development of a pre-bond surety profile,
(iv) Identification of internal financial control systems,
(v) Development of accurate financial reporting tools, and
4. Agreements Executed by the Human Rights Commission. The HRC is hereby authorized to enter into the following agreements in order to implement the bonding and financial assistance program described in this Subsection 12D.A.10(C):
(a) With respect to a surety bond, the agreement to guaranty up to 40 percent of the face amount of the bond or $750,000, whichever is less;
(b) With respect to a construction loan to be made to a contractor or subcontractor, an agreement to guaranty up to 50 percent of the original principal amount of the construction loan or 50 percent of the actual loss suffered by the financial institution as a result of a loan default, whichever is less; provided that in any event the City's obligations with respect to a guaranty shall not exceed $750,000;
(c) Any other documents deemed necessary by the HRC to carry out the objectives of this program, provided that such documents shall be subject to review and approval by the City Attorney's Office.
5. Monitoring and Enforcement. The HRC shall maintain records on the use and effectiveness of this program, including but not limited to (1) the identities of the businesses and bonding companies participating in this program, (2) the types and dollar amounts of public work contracts for which the program is utilized, and (3) the types and dollar amounts of losses which the City is required to fund under this program. The HRC shall submit written reports to the Board of Supervisors every six months beginning January 1, 2001, advising the Board of the status of this program and its funding capacity, and an analysis of whether this program is proving to be useful and needed.
6. Funding and Accounts. As of July 1, 2001, funding for this program may be derived from the following sources:
(a) The Board of Supervisors has appropriated or will appropriate funds for the operation of this program.
(b) Each Department authorized to contract for public works or improvements pursuant to San Francisco Administrative Code Chapter 6 shall commit to this program up to ten percent (10%), but not less than one percent (1%), of the budget for every public work or improvement undertaken. (A "public work or improvement" is defined in San Francisco Administrative Code Chapter 6.) This subsection is effective for those public works or improvements where the award of the construction contract (as defined and regulated by Administrative Code Chapter 6) occurs after July 1, 2001.
(c) The Treasurer of the City and County of San Francisco is hereby authorized to negotiate a line(s) of credit or any credit enhancement program(s) or financial products(s) with a financial institution(s) to provide funding; the program's guaranty pool may serve as collateral for any such line of credit.
In the event the City desires to provide credit enhancement under this Subsection for a period in excess of one fiscal year, the full aggregate amount of the City's obligations under such credit enhancement must be placed in a segregated account encumbered solely by the City's obligations under such credit enhancement.
7. Term of Bonding Assistance Program. The HRC is authorized to enter into the agreements described in this Subsection for a period ending on the earlier of (1) June 30, 2008 or (2) the date on which the Controller is no longer able to certify the availability of funds for any new guarantee agreement.
8. Default on Guarantees. The Human Rights Commission shall decertify any contractor that defaults on a loan or bond for which the City has provided a guarantee on the contractor's behalf. However, the Human Rights Commission may in its sole discretion refrain from such decertification upon a finding that the City has contributed to such default.
(Added by Ord. 296-98, App. 10/5/98; amended by Ord. 174-00, File No. 001105, App. 7/14/2000; Ord. 255-00, File No. 001353, App. 11/3/2000; Ord. 134-03, File No. 030347, App. 6/1/2003)
(A) In addition to the general findings set forth in Section 12D.A.2, and based upon the record before this Board, the Board finds that the evidence before the Board relating to the award of prime contracts for commodities and general services for fiscal years 1992-93, 1993-94, 1994-95, 1996-97, 1997-98 and 1998-2003 reflects that MBEs and WBEs continue to be disadvantaged by discriminatory practices when competing for such contracts. The Board further finds that race-neutral measures employed by the City have not prevented such discriminatory practices from occurring.
(B) Contract awarding authorities shall apply all bid discounts as enumerated in Section 12D.A.9(A) to all commodities contracts the estimated cost of which exceeds $2,500 and general services contracts the estimated cost of which exceeds $10,000.
(C) In addition to the duties given the Office of Contract Administration elsewhere in this Section, the Office of Contract Administration shall maintain, with the assistance of the Director, a current list of MBEs and WBEs to provide each of those commodities or services subject to this ordinance that the Office of Contract Administration indicates are required by the City.
(D) The Office of Contract Administration shall also maintain a central office where all bids, requests for proposals and solicitations will be listed and kept current.
(Added by Ord. 296-98, App. 10/5/98; amended by Ord. 134-03, File No. 030347, App. 6/1/2003)
(A) In addition to the general findings set forth in Section 12D.A.2, and based upon the record before this Board, the Board hereby finds that the evidence before this Board relating to the award of prime architect/engineering contracts for fiscal years 1992-93, 1993-94, 1994-95, 1996-97, 1997-98 and 1998-2003 reflects that MBEs and WBEs continue to be disadvantaged by discriminatory practices when competing for City prime architect/engineering contracts. The Board further finds that race-neutral measures employed by the City have not prevented these discriminatory practices from occurring.
(B) Contract awarding authorities and architect/engineering selection panels shall apply all bid/rating discounts as enumerated in Section 12D.A.9(A) to all bids and proposals for architect/engineering contracts, the estimated cost of which exceeds $10,000. Where Architect/Engineering contracts are formally bid, all consultants selection panels and awarding officers shall apply the bid/rating discounts to each stage of the selection process, e.g., qualifications, proposals and interviews. Minorities and women shall be included on consultant selection panels.
(C) The Director is empowered to take actions to ensure compliance with the provisions of this ordinance, including, without limitation, intervening in the selection process, by modifying the criteria used for selecting selection panelists or prime architect/engineering contractors to correct any contracting practices that hinder equal business opportunities for MBEs and WBEs.
(Added by Ord. 296-98, App. 10/5/98; amended by Ord. 134-03, File No. 030347, App. 6/1/2003)
(A) In addition to the general findings set forth in Section 12D.A.2, and based upon the record before this Board, the Board hereby finds that the evidence before the Board relating to the award of professional services contracts for fiscal years 1993-93, 1993-94, 1994-95, 1996-97, 1997-98 and 1998-2003 reflects that MBEs and WBEs continue to be disadvantaged by discriminatory practices when competing for City prime professional service contracts. Further, the Board finds that race-neutral measures employed by the City do not prevent such discrimination against MBEs and WBEs from occurring.
(B) Contract awarding authorities shall apply bid/ratings discounts as enumerated in Section 12D.A.9(A) to all bids and proposals as enumerated in Section 12D.A.9(A) to all professional service contracts the estimated cost of which exceeds $10,000. Where professional service contracts are formally bid, all consultants selection panels and awarding officers shall apply the bid/rating discounts to each stage of the selection process, e.g., qualifications, proposals and interviews. Minorities and women shall be included on consultant selection panels.
(C) The Director is empowered to take actions to ensure compliance with the provisions of this ordinance, including, without limitation, intervening in the selection process by modifying the criteria used to select selection panelists or prime professional service contractors to correct any contracting practice that hinders equal business opportunities for MBEs and WBEs.
(Added by Ord. 296-98, App. 10/5/98; amended by Ord. 134-03, File No. 030347, App. 6/1/2003)
All City departments, commissions, boards, officers and employees, in the performance of their duties, and in the award of leases, franchises, concessions, and other contracts not subject to the race and gender-conscious bid/ratings discounts of this ordinance, shall make best efforts to use the services of MBEs, WBEs and LBEs.
(Added by Ord. 296-98, App. 10/5/98; amended by Ord. 134-03, File No. 030347, App. 6/1/2003)
(A) The Director shall waive the race- and gender-conscious bid discounts and good faith efforts requirements of this ordinance under the following circumstances:
1. Whenever the Director finds, with the advice of the contract awarding authority and the Office of Contract Administration, that needed goods or services are available from a sole source that is not currently disqualified from doing business with the City.
2. If the contract awarding authority certifies in writing to the Director, prior to the Controller's contract certification, that (a) the contract is being awarded under emergency circumstances as described and defined in Administrative Code Section 6.60 or Administrative Code Section 21.15 and (b) (i) there is no time to apply bid/ratings discounts or establish subcontracting goals, or (ii) there are no immediately available MBEs and WBEs that are capable of performing the emergency work.
(B) The Director shall waive the five-percent LBE bid discount for contracts in excess of $5,000,000 whenever a contract awarding authority establishes that:
1. Sufficient qualified LBEs capable of providing the needed goods and services required by the contract are unavailable and sufficient qualified businesses located outside San Francisco capable of providing the needed goods and services required by the contract are available; or
2. The application of the five-percent LBE discount will result in significant additional costs to the City if the waiver of the bid discount is not granted.
(C) The bid/ratings discount provisions of this ordinance are not applicable to any contract estimated by the contract awarding authority to cost in excess of $10,000,000.
(Added by Ord. 296-98, App. 10/5/98; amended by Ord. 134-03, File No. 030347, App. 6/1/2003)
(A) The Director shall monitor the City's progress toward achievement of the goals stated in Section 12D.A.3. The Director shall issue an exit report for any contract that includes MBE/WBE subcontracting participation or MBE/WBE prime contract participation as a joint venture partner. The purpose of this exit report is to ensure that prime contractors are complying with their commitments to use MBE and WBE subcontractors and MBE/WBEs are performing services as set forth in the bid/proposal and contract documents for the joint ventures.
(B) Noncompliance By Contractors. In cases in which the Director has cause to believe that a contractor has failed to comply with any of the requirements of this ordinance, rules and regulations adopted pursuant to this ordinance or contract provisions pertaining to MBE or WBE participation, the Director shall notify the contract awarding authority and shall attempt to resolve the noncompliance through conference and conciliation. If the noncompliance cannot be resolved, the Director shall conduct an investigation and, where the Director so finds, issue a written finding of noncompliance. The Director's finding shall indicate whether the contractor acted in good faith or whether noncompliance was based on willful or bad faith noncompliance with requirements of this ordinance, rules and regulations adopted pursuant to this ordinance or contract provisions pertaining to MBE or WBE participation. Where the Director finds that the contractor acted in good faith, after affording the contractor notice and an opportunity to be heard, the Director shall recommend that the contract awarding authority take appropriate action. Where the Director finds willful or bad faith noncompliance, after affording the contractor notice and an opportunity to be heard, the Director shall impose sanctions for each violation of the ordinance, rules and regulations adopted pursuant to this ordinance or contract provisions pertaining to MBE or WBE participation that may include:
1. Declaring the bidder or contractor nonresponsive and ineligible to receive the award of any pending contract;
2. Declaring the bidder or contractor to be an irresponsible bidder and disqualifying the bidder or contractor from eligibility for providing goods or services to the City for a period of up to five years, with a right of review and reconsideration by the Commission after two years upon a showing of corrective action indicating violations are not likely to recur;
3. If the bidder or contractor is a MBE, WBE and/or LBE, revoking that business' certification as a MBE, WBE and/or LBE;
4. Determining that the bidder or contractor has wilfully failed to comply with the provisions of this ordinance and, pursuant to the provision in the contract contemplated by Section 12D.A.9(D)(3) of this ordinance, calculating the liquidated damages for which the bidder or contractor shall be liable. Thereafter the Director shall send a written notice to the Controller, the Mayor and all contract awarding authorities overseeing any contract with the bidder or contractor, that a determination of willful or bad-faith compliance has been made and that all payments due the bidder or contractor shall be withheld as agreed by the bidder or contractor and the City pursuant to Section 12D.A.9(D)(3).
(C) The bidder or contractor may appeal the Director's decision to the Commission. The Commission may sustain, reverse or modify the Director's findings and sanctions imposed or take such other action to effectuate the purpose of this ordinance. An appeal by a contractor under this subsection shall not stay the Director's findings.
(D) The Director may require such reports, information and documentation from contractors, subcontractors, bidders, contract awarding authorities, and heads of departments, divisions, and offices of the City as are reasonably necessary to determine compliance with the requirements of this ordinance.
(E) Wilful Noncompliance by Contract Awarding Authority. Whenever the Director finds after investigation that a contract awarding authority has willfully failed to comply with its duties pursuant to Section 12D.A.9, the Director shall transmit a written finding of noncompliance specifying the nature of the noncompliance, to the contract awarding authority, the Commission, the Mayor and this Board.
The Director shall attempt to resolve any noncompliance through conference and conciliation. Should such attempt fail to resolve the noncompliance, the Director shall transmit a copy of the finding of noncompliance along with a finding that conciliation was attempted and failed to the Commission and this Board.
The finding of noncompliance shall be communicated to the Mayor for appropriate action to secure compliance pursuant to Section 12D.A.8(2).
(F) If the Director has reason to believe that any person has knowingly made, filed, or caused to be filed with the City any materially false or misleading statement or report made in connection with this ordinance, the Director shall report that information to the City Attorney or the District Attorney for appropriate action. The Director shall be empowered to conduct an investigation and for each violation of this Subsection 12D.A.16(F), to impose sanctions as set forth in Subsection 12D.A.16.
(Added by Ord. 296-98, App. 10/5/98; amended by Ord. 134-03, File No. 030347, App. 6/1/2003)
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