§ 324-99. Penalties.

(a)

Administrative Penalties. A contractor, potential contractor, MBE or WBE that fails to comply with any provision of this chapter is subject to any or all of the following administrative penalties:

(1)

Suspension of contract until noncompliance is resolved;

(2)

Withholding of funds;

(3)

Rescission of contract based on material breach;

(4)

Refusal to accept a bid or response to an RFP or RFQ;

(5)

Debarment from providing goods or services to the city for a period not to exceed two years; and

(6)

Payment of liquidated damages.

(b)

Prohibited conduct. No person shall do any of the following:

(1)

Fraudulently obtain, retain, attempt to obtain or retain, or aid another person or entity in fraudulently obtaining, retaining or attempting to obtain or retain certification as an MBE or WBE under this chapter;

(2)

In any matter administered under this chapter, falsify, conceal or cover up, by a trick, scheme, or device, a material fact or make any false writing or document knowing it contains any false, fictitious, or fraudulent statement or entry;

(3)

Willfully obstruct, impede, or attempt to obstruct or impede an authorized official or employee who is investigating the qualifications of a business enterprise that has requested certification as an MBE or WBE under this chapter;

(4)

Fraudulently obtain, attempt to obtain, or aid another in fraudulently obtaining or attempting to obtain public money to which the person is not entitled under this chapter; or

(5)

Make a false statement to any person or entity that another person or entity is not certified under this chapter.

(c)

Any person who violates any provision of subsection (b) of this section is guilty of a first degree misdemeanor and on first conviction is subject to imprisonment for not more than six months, to a fine of not more than $1,000.00, or to both imprisonment and fine.

(Ordained by Ord. No. 308-2015, § 1, eff. Jan. 1, 2016)