The MBEC shall make such findings, recommendations and proposals to the Director of Finance as are necessary and appropriate to enforce this Chapter. If, as a result of its monitoring activities, the MBEC determines that the goals set forth in Section 17-503 and those policies devised by the MBEC pursuant to Section 17-504(2)(f) are not being met by any agency, the MBEC may recommend any or all of the following actions:

(a) In the event that the MBEC determines that a person under contract with the City has failed to comply with contractual provisions requiring Disadvantage Business Enterprise participation, the MBEC may recommend that the City exercise its legal remedies, including, if appropriate, the termination of the contract involved.

(b) In the event that the MBEC determines that an agency is entering into contracts in a manner or at a rate which is unlikely to achieve the Disadvantage Business Enterprise participation goals of this Chapter, the MBEC may request that the agency furnish to it a compliance plan setting forth in detail how contracts are proposed to be awarded prospectively to achieve the goals within the then current fiscal year.

(c) If the MBEC concludes that a compliance plan submitted under subsection (b) above is unlikely to produce the Disadvantage Business Enterprise participation goals within the then current fiscal year, the MBEC may recommend that the agency revise its plan to provide additional opportunities for Disadvantage Business Enterprise participation. Such recommended revisions may include, but shall not be limited to the following:

(1) Assurances of strong-er and better focused solicitation efforts to obtain more Disadvantage Business Enterprises as potential sources of supply;

(2) Division of job or project requirements, when economically feasible, into tasks or quantities to permit participation of Disadvantage Business Enterprises;

(3) Elimination of extended experience or capitalization requirements, when programmatically feasible, to permit participation of Disadvantage Business Enterprises;

(4) Identification of specific proposed contracts as particularly attractive or appropriate for participation by Disadvantaged Business Enterprises, such identification to result from and be coupled with the efforts of subsections (1) through (3) above;

(5) Implementation of those regulations established pursuant to Section 17-504(2)(g) for the use of the Sheltered Market.

(d) In the event that a prime contractor which has contracted with the City has received a payment or payments from the City for work performed, he must deliver to his subcontracting Disadvantage Business Enterprise his/her proportionate share of the payment for their work performed within five (5) business days, and transmit a sworn affidavit attesting thereto to the MBEC, or produce reasons satisfactory to the MBEC for the withholding of such funds, or be held in non-compliance with his contract by the MBEC. In the event of a determination of non-compliance, the MBEC shall then recommend that the City exercise its legal remedies, including, if appropriate, the termination of the contract involved.[54]

(1) When the City has paid at least eighty percent (80%) of the contract price to the prime contractor, the prime contractor shall be required to return to the MBEC a sworn affidavit attesting to the amounts of the contract proceeds which have been paid to the subcontracting Disadvantage Business Enterprise. If such affidavit is not so returned, the Director of Finance shall withhold further payment to said contractor.

(e) Where one or more Disadvantage Business Enterprises is listed as a participant in the bid of a prospective contractor with the City, and one or more of those Disadvantage Business Enterprises is not used in the contract's performance when such bidder secures the said City contract, the successful bidder shall be required to demonstrate to the satisfaction of the MBEC why such Disadvantage Business Enterprise was not used on the contract, or be held in non-compliance with his contract by the MBEC. In the event of such determination of non-compliance, the MBEC shall recommend that the City exercise its legal remedies, including, if appropriate, the termination of the contract involved.[55]