(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.

(Sept. 28, 1994, D.C. Law 10-188, § 901; as added Oct. 22, 2009, D.C. Law 18-78,§ 2(i), 56 DCR 6959; redesignated as § 241, Sept. 26, 2012, D.C. Law 19-171, § 73(b)(2), 59 DCR 6190.)

The 2012 amendment by D.C. Law 19-171 redesignated D.C. Law 10-188, § 901 as D.C. Law 10-188, § 241.

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).