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§ 17-1605. Enforcement.

(1) The certifying agency and the Oversight Committee through the Oversight Process shall make such findings, recommendations and proposals that are necessary and appropriate to enforce this Chapter. If as a result of monitoring activities, it is determined by the certifying agency and or the Oversight Committee that the EOP submission and compliance policies and procedures set forth in this Chapter are not being met as required, then appropriate actions shall be recommended.

(2) The certifying agency and/or the Oversight Committee through the oversight process determines that a participant, contractor, project developer, applicant for or recipient of financial assistance has demonstrated full and complete EOP compliance with the provisions of this chapter and should be exempt from remedies or penalties as provided for herein, notwithstanding an unmet M/W/DSBE participation goal.

(3) Withholding of Payment, Contract Termination, Suspension or Debarment.

(a) Council may, by resolution adopted after a public hearing, determine that there are reasonable grounds to believe that a participant, contractor, project developer, applicant for or recipient of financial assistance has failed to comply with the provisions of this Chapter, and that if such failure is established, then withholding of payment would be an appropriate remedy for such failure. A copy of any such adopted resolution shall be forwarded to the Finance Director, who shall without undue delay provide appropriate notice and opportunity for hearing, and after such hearing, make a final determination as to whether there has been a violation of this Chapter and whether withholding of payment, as provided by § 17-1606, should be imposed. Such withholding of payment shall be in addition to any of the other remedies set forth in § 17-1606 deemed applicable. The withholding of payment procedure set forth in this Subsection (3) shall be in addition to any procedure for penalties or remedies established pursuant to § 17-1606.

(b) Council may, by resolution adopted after a public hearing, determine that there are reasonable grounds to believe that a participant, contractor, project developer, applicant for or recipient of financial assistance has failed to comply with the provisions of this Chapter, and that if such failure is established, then contract termination, suspension or debarment shall be the remedy for such failure. A copy of any such adopted resolution shall be forwarded to the Finance Director, who shall without undue delay implement the remedy imposed by Council. Any such remedy shall be in addition to any of the other remedies set forth in § 17-1606 deemed applicable. The procedure set forth in this Subsection (3)(b) shall be in addition to any procedure for penalties or remedies established pursuant to § 17-1606.

(4) The Labor Standard Unit shall have the responsibility of administering oversight of the Workforce Diversity requirements of this Chapter and in connection therewith shall:

(a) Maintain a current schedule of the Workforce Diversity requirements relating to services and industries the work of which is subject to the requirements of this Chapter;

(b) Receive and refer to the Commissioner under whose supervision a contract subject to the requirements of this Chapter is being performed complaints against any contractor or subcontractor for alleged violations of the Workforce Diversity requirements of this Chapter. Thereafter, the Director shall investigate such complaints and in connection therewith or with respect to any investigation shall have full power and authority to subpoena any witness, books, records, or other data of any person for the purposes of obtaining information pertinent to such investigation. The Director shall make a finding in writing with respect to each complaint filed, and shall send a copy thereof to the complainant and the contractor and/or subcontractor and shall maintain it on file. Upon request, the Unit shall provide any affected contractor or subcontractor with a hearing, pursuant to the requirements of Subsection 17-107(8)(e) of this Code; and

(c) Monitor the operations of contractors and subcontractors with respect to the Workforce Diversity requirements of contracts subject to Subsection 17-1603(3).

(5) A violation by any subcontractor shall be deemed a violation by both the subcontractor and the prime contractor.

(6) The violation of any Workforce Diversity requirement of this Chapter or provisions of a contract required thereby shall be considered a substantial breach of the contractor's obligation under the contract.

(7) Upon a finding by the Director of a failure by any contractor or subcontractor to comply with the Workforce Diversity requirements of this Chapter, the Director may direct the appropriate department(s) to pursue remedies, based on the potential remedies outlined in Section 17-1606, which potential remedies, including the possibility of liquidated damages, may be further defined by regulation. A request for a hearing from the Unit pursuant to Subsection 17-1605(4)(b) shall stay the pursuit of penalties under this Section, but not a decision to withhold payment under the contract.

(8) Upon a final determination of the Director, the contractor or subcontractor may appeal the decision to the Board of Labor Standards, pursuant to the requirements of Subsection 17-107(7) of this Code.

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Keywords
contract
diversity
workforce
requirements
contractor
work
requirement
subcontractor
subject
unit