97-060 - King County - Solid Waste Reduction and Recycling Grant

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MINORITY AND WOMEN'S 3USINESS ENTERPRISES 4.18.080 4. Exclusion of the violator from future contracts or vending until demonstration of compliance; 5. Enforcement of any provision of the contract providing remedies, such as penalties or liquidated damages for violation of contractual provisions, or enforcement of any other remedy available under the laws of King County. Upon a finding by the hearing examiner that a contractor has in fact failed to perform a commercially useful function or has operated as a broker, front, conduit or pass through business, liquidated damages specified in the contract shall be imposed unless the hearing examiner finds that imposition of such damages would be clearly inequitable, in which case the hearing examiner may order appropriate relief. K. If a finding is made that there is reasonable cause to believe that a contract awarding authority has committed a violation, the finding shall be forwarded to the county executive, who shall review the evidence and shall order one or more of the following: 1. Dismissal of the complaint when a violation is found not to have occurred; 2. Corrective personnel action; 3. Disqualification and suspension of authority of all members, any board, commission, or other body constituting the violating contract awarding authority; 4. Enforcement of any other remedy available under the laws of King County. L. Upon receipt of a written and is improperly being considered to be, minority business or women's business signed allegation that a business owner or has improperly been rejected as, a as defined in this chapter, or that a waiver or reduction of set -aside requirements has been improperly denied or granted, or if such information is discovered from information gained through be of compliance monitoring, the director shall order that an investigation conducted by the administrator. The pendency of such allegations or subsequent hearings on such allegations shall not be grounds to postpone or restrain the award of any contracts then being advertised or for which bids have been received. If there is reasonable cause to believe that corrective action is warranted, the director will, upon ten days written notice to all interested parties of whom he /she is aware, and upon publication of notice of the hearing in the manner provided for the advertising of contracts, conduct a hearing to determine whether or not the allegation is correct. The hearing each interested party shall have the right to call and produce documentary and physical evidence, to to be represented by anyone of his /her choice The hearing officer designated by the director given by any parties which would be directly a representative of the executive or agency shall be recorded and examine witnesses, to cross examine witnesses, and lawfully permitted to do so. shall permit testimony to be affected by the matter, and conducting the investigation. After the hearing, the director shall make findings shall order appropriate corrective action, if any. M. In addition to any other remedy available under County and the State of Washington any person, firm, corporation, business, union, or organization which prevents or interferes with or retaliates against a contractor and /or subcontractor's efforts to comply with the requirements of this chapter or which submits false or misleading information to any King County department or employee concerning compliance with this chapter shall be subject to a civil penalty of up to five thousand dollars for each occurrence, King County having previously complied with the notice and hearing provisions of this chapter. Each submission of false or misleading information shall constitute a separate occurrence. (Ord. 10049 3, 1991: Ord. 9609 8, and conclusions and the laws of King 145 -15 (King County 12 -94)