NYC 9/11 Public Portal Document
07/29/97 11:55 CARB LURIA LLP 4 12127880367 NO.554 P0i9
governmental agency that is a party in interest in, and is seeking testimony concerning the award
of, or performance under, any transaction, agreement. License, petrmit, contract, or license
entered into with the City, the State, or any political subdivision thereof or any local development
corporation within the City, then;
1.3(a) Thecc lissioner or agency head whose agenq/ is a party in interest to the
transaction, submitted bid, submitted proposal, contract, License, permit, or license shall convene
a hearing, upon not less than five (S) days' written notice to the parties involved to determine if
any penalties should attach for the failure of a person to testify.
1.3(b) If any nongovernntenial party to the hearing requests an adjournment, the
commissioner or agency bead who convened the hearing may, upim 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 parson 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 cancelation or tennination of any and all such existing City
contracts. Licenses, permits or licenses that the refusal to testify
concerns and that have not been assignai as permitted under tl^
agreement, nor the proceeds of which pledg^ to an unaffiliated and
unrelated institutional lender for feir 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 tennination; monies lawfully
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