(a) HQ Hotel, L.L.C., shall comply with the negotiated terms and conditions of the Certified Business Enterprise Utilization and Participation Agreement by and between the District of Columbia Department of Small and Local Business Development and HQ Hotel, L.L.C., which was agreed to and executed on May 1, 2009, and shall, at a minimum, contract with certified business enterprises for at least 35% of the adjusted development budget, as defined in the agreement, and require at least 20% non-institutional equity, as defined in the agreement, and 20% development participation of local, small, and disadvantaged business enterprises, all as subject to the terms of the agreement and applicable law.
(b) HQ Hotel, L.L.C., shall submit a certified business enterprises implementation forecasting plan to the Council on or before September 30, 2009. The plan shall include the following:
(1) The total amount to be paid for the construction of the new convention center hotel;
(2) The total amount to be expended for each construction division;
(3) The amount of each contract in each construction division;
(4) The contractor and the amount of the contract;
(5) Each subcontractor and the amount of the contract for each subcontractor;
(6) The certified business enterprises participation as contractor or subcontractor and the amount of the contracts;
(7) The amount equal to the certified business enterprises participation goal of 35% of contractor or subcontractor contracts;
(8) A method of tracking the certified business enterprises participation and the amount of each contract from committed, to awarded, to paid;
(9) A method of monitoring the certified business enterprises participation against the certified business enterprises forecast;
(10) A system of remediation for any shortfalls in the certified business enterprises participation; and
(11) A senior manager with the general contractor that has operational responsibility for meeting the certified business enterprises participation for the construction of the new convention center hotel.
CREDIT(S)
(Sept. 28, 1994, D.C. 10-188, § 901, as added Oct. 22, 2009, D.C. Law 18-78, § 2(i), 56 DCR 6959.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 2(i) of New Convention Center Hotel Emergency Amendment Act of 2009 (D.C. Act 18-186, August 12, 2009, 56 DCR 6967).
Legislative History of Laws
Law 18-78, the “New Convention Center Hotel Amendment Act of 2009”, as introduced in Council and assigned Bill No. 18-310, which was referred to the Committees on Economic Development and Finance and Revenue. The bill was adopted on first and second readings on June 30, 2009, and July 31, 2009, respectively. Signed by the Mayor on August 12, 2009, it was assigned Act No. 18-185 and transmitted to both Houses of Congress for its review. D.C. Law 18-78 became effective on October 22, 2009.