§ 2.211.080. Violations and Sanctions.

A.

The information furnished by each solicitation respondent requesting a DVBE preference shall be under penalty of perjury.

B.

No person or business shall knowingly and with intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a DVBE for the purpose of this Chapter.

C.

No person or business shall willfully and knowingly make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a County official or employee for the purpose of influencing the certification or denial of certification of any entity as a DVBE.

D.

A business which has obtained County certification as a DVBE by reason of having furnished incorrect supporting information or by reason of having withheld information, and which knew, or should have known, the information furnished was incorrect or the information withheld was relevant to its request for certification, and which by reason of such certification has been awarded a contract to which it would not otherwise have been entitled, shall:

1.

Pay to the County any difference between the contract amount and what the County's costs would have been if the contract had been properly awarded;

2.

In addition to paying the amount described in subdivision 1 of subsection D, of this Section, be assessed a penalty in an amount of not more than ten percent (10%) of the amount of the contract involved; and

3.

Be subject to the provisions of Chapter 2.202 of the County Code (Determinations of Contractor Non-responsibility and Contractor Debarment).

E.

The above penalties shall also apply to any business that has previously obtained proper certification, however, as result of a change in their status would no longer be eligible for certification, and fails to notify the State and DCBA of this information prior to responding to a solicitation or accepting a contract award.

(Ord. 2016-0035 § 6, 2016: Ord. 2013-0042 § 1, 2013.)