WORLD TRADE CENTER - RESIDENTIAL APARTMENTS

NYC 9/11 Public Portal Document

BYC—PEP Inforaation Por BiddAT-s and. Supply 8 Service Agreement fRev. 11/93)

1.4 The penalties which may attach after a final d^nninadem by the cc oner or agency head may indude but shall not exceed:

(a) The disqualification fix* a period not to exceed five (5) years frixs the date of an adverse determinatimi fm* atty person, or atty entity of which sodi person was a member at the time die testiinony was sought, from sxdxnitling bids fa*, or transacting business with, or entering into or obtaining any contract, lease, permit or license with or from the Qty; and/or

(b) The casceUatxac a* tenmnation erf' any and all such exists^ Coty comraets. leases. ns and that have sot been assigned as penmned under this agreement, nor die proceeds erf^whidi jrfedged, to an unafSIiated and nnreiated institutional lender io* fair value prior to die issuance of die notice sefaednling die hearing, without die incurring ai^ penalty or damages on account of such caaodladon or termination; moneys lawfully due fn* goods delivered, work dne, rentals. m* fees accrued priex* to.the cancdlation or t*»rmiwatinn ^laH be paid fay die Qty.

1.5 The Ccxnmissimier or Agency Head shall conader and address in reachrng his a* her daerminadon and in assessing an aj^xi^niare penalty die factors in paragrajrfis (a) and (b) bdow. He or she may also cemsider, if relevant and ^iprafsiate, die criteria established in paragraphs (c) and (d) below m addilian to any other mfvmatian which may be relevant and appn^aiate:

(a) The party’s good faith endeavors or ladt thereof to cooperate fully and faidifully with any governmental investigatimi or audit, induing but not limited to die discipline. disdxarge. or disassociation erf any person failing to testify, die productioD of accurate and complete bods and neoords, arul the forthcoming testimony of all other members, agents, assignees or fiduciaries whose testhnoty is soi^it.

(b) The relafian^iip of the perscxi who refused to testify to any entity that is a party to the hearing, including, bat not limited to. whether the person whose testimony is sought has an owneraiip interest in the entity and/or the degree of authority and responsibility die person has widiin the entity.

(c) The nexus of die testimony sought to the subject entity and its ccMiracis, leases, pennits or licenses widi die Qty.

(d) The effect a penalty may have cm an unaffSi^ed and unrelated party cr entity that has a significant interest in an entity subject to penalties under 1.4 ab^e. provided that the party or entity has given actual notice to the commissioner or agency head t^xm the acquisition of the interest, or at the hearing called for in 1.3(a) above gives notice and proves dial such interest was previously acquired. Under either circumstance the party or entity must present evidence at the hearing demonstrating die pcxendal adverse impact a penalty will have on such person or entity.

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