§ 12K.7. IMPLEMENTATION AND ENFORCEMENT.

(a) The OLSE is authorized to take appropriate steps to enforce and coordinate enforcement of this Chapter 12K, including the investigation of possible violations of this Chapter.

(b) An employee or Applicant may report to the OLSE any suspected violation of this Chapter. The OLSE shall encourage reporting pursuant to this subsection by keeping confidential, to the maximum extent permitted by applicable laws, the name and other identifying information of the employee or person reporting the violation; provided, however, that with the authorization of such person, the OLSE may disclose his or her name and identifying information as necessary to enforce this Chapter or for other appropriate purposes.

(c) A Contractor or Subcontractor shall be deemed to have breached the provisions of this Chapter upon a finding by the OLSE that the Contractor or Subcontractor has willfully violated these provisions, provided, however, that for a first violation, or for any violation during the first 12 months following the operative date of this Chapter, the OLSE must issue warnings and notices to correct, and offer the Contractor or Subcontractor technical assistance on how to comply with the requirements of this Chapter.

(d) Upon a subsequent finding of a violation of this Chapter, the awarding authority shall notify the Contractor or Subcontractor that unless the Contractor or Subcontractor demonstrates to the satisfaction of the OLSE within such reasonable period as the OLSE shall determine, that the violation has been corrected, action will be taken as set forth in subparagraphs (e) through (i) hereof.

(e) The Director of the OLSE shall establish rules governing the administrative process for determining and appealing violations of this Chapter. The rules shall include procedures for:

(1) Providing the Contractor or Subcontractor with notice that it may have violated this Chapter;

(2) Providing the Contractor or Subcontractor with a right to respond to the notice;

(3) Providing the Contractor or Subcontractor with notice of the OLSE’s determination of a violation; and,

(4) Providing the Contractor with an opportunity to appeal the OLSE’s determination to a hearing officer, who is appointed by the City Controller or his or her designee.

(f) If there is an appeal of the OLSE’s determination of a violation, the hearing before the hearing officer shall be conducted in a manner that satisfies the requirements of due process. In any such hearing, the OLSE’s determination of a violation shall be considered prima facie evidence of a violation, and the Contractor or Subcontractor shall have the burden of proving, by a preponderance of the evidence, that the OLSE’s determination of a violation is incorrect. The hearing officer’s decision of the appeal shall constitute the City’s final decision.

(g) For a second violation, the awarding authority may deduct from the amount payable to the Contractor or Subcontractor by the City under any Contract subject to this Chapter, or the OLSE may impose upon the Contractor or Subcontractor, a penalty of $50 for each employee, applicant or other person as to whom the violation occurred or continued. Thereafter, for subsequent violations, the penalty may increase to no more than $100, for each employee or applicant whose rights were, or continue to be, violated.

(h) In addition to any other penalties provided for the violation of this Chapter, the Contract or Property Contract may be terminated or suspended, in whole or in part, by the awarding authority upon the basis of a finding under this Section 12K.7 that the Contractor or Subcontractor has violated the provisions of this Chapter, and all moneys due or to become due hereunder may be forfeited to, and retained by, the City.

(i) A violation of the provisions of this Chapter during the performance of a Contract or Property Contract shall be deemed by the City to be a material breach of contract and may provide a basis for determination by the awarding authority that the Contractor or Subcontractor is an irresponsible bidder subject to debarment procedures set forth in Chapter 28.

(j) Nothing contained in this Chapter shall be construed in any manner so as to prevent the City from pursuing any other remedies that may be available at law, equity or under any Contract or Property Contract.

(k) The Director of OLSE shall have authority to adopt regulations or guidelines that implement the provisions of this Chapter. Regulations or guidelines shall be adopted only after consultation with the Director of the Office of Contract Administration.

(l) OLSE shall maintain a record of the number and types of complaints it receives alleging a violation of this Chapter, and the resolution of those complaints. This information shall be compiled on an annual calendar year basis and reported to the Board of Supervisors by January 31 of each year.

(Added by Ord. , File No. 170350, App. 7/19/2017, Eff. 8/18/2017, Oper. 7/1/2018)