NYC 9/11 Public Portal Document
commissioner or agency head who convened the hearing may, upon granting the adjournment,
suspend any contract, License, permit, or license pending the final determination pursuant to
paragraph 1.5 below without the City incurring any penalty or damages for delay or otherwise.
1.4 The penalties which may attach after a final determination by the commissioner
or agency head may include but shall not exceed:
(a) The disqualification for a period not to exceed five (5) years from the
date of an adverse determination for any person, or any entity of which
such person was a member at the time the testimony was sought, from
submitting bids for, or transacting business with, or entering into or
obtaining any contract. License, permit or license with or from the City;
and/or
(b) The cancellation or termination of any and all such existing City
contracts. Licenses, permits or licenses that the refusal to testify
concerns and that have not been assigned as permitted under this
agreement, nor the proceeds of which pledged, to an unaffiliated and
unrelated institutional lender for fair value prior to the issuance of the
notice scheduling the hearing, without the City incurring any penalty or
damages on account of such cancellation or termination; monies lawfully
due for goods delivered, work done, rentals, or fees accrued prior to the
cancellation or termination shall be paid by the City.
1.5 The commissioner or agency head shall consider and address in reaching his or
her determination and in assessing an appropriate penalty the factors in paragraphs (a) and (b)
below. He or she may also consider, if relevant and appropriate, the criteria established in
paragraphs (c) and (d) below in addition to any other information which may be relevant and
appropriate:
(a) The party's good faith endeavors or lack thereof to cooperate fully and
faithfully with any governmental investigation or audit, including but not
limited to the discipline, discharge, or disassociation of any person failing
to testify, the production of accurate and complete books and records,
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NYC-WTC_000171094
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