(a) The Director shall monitor a Contractor’s compliance with the requirements of this chapter during the term of a Contract. If the Director determines that there is cause to believe that a Contractor or a subcontractor has failed to comply with any applicable requirements of this chapter or the Contract provisions pertaining to CSB, MBE, or FBE participation, the Administrator shall notify the Contractor as provided in division (f) of this section. The provisions of divisions (f), (g) and (h) of this section, Section 187.18, and Section 187.20 shall apply to the review and appeal of this determination by an Administrator.
(b) The Director and the Administrator may require such reports, information and documentation from Contractors, Bidders, Contracting Departments, and the head of any City department, division, or office, as reasonably necessary to determine compliance with requirements of this chapter and any Contract provisions regarding CSB, MBE, and FBE participation, as applicable.
(c) Contracting Departments shall maintain accurate records for each Contract awarded, including dollar value, the nature of the goods and services to be provided, the name of the Contractor, the efforts it employed to solicit bids from CSBs, MBEs, and FBEs, and all subcontracts awarded by the Contractor, including dollar value, the nature of the goods or services provided, and the name of each subcontractor.
(d) If the Administrator finds that a Contractor is not in compliance with the applicable provisions of this Code or is in default with respect to any representation made by the Contractor regarding applicable provisions of this Code and upon which a certificate or approval was awarded, then the Administrator may rescind or withdraw the relevant certificate or approval prior to its expiration. All certificates must be renewed on forms provided by the OEO.
(e) Any person having knowledge of facts tending to show that a Contractor has obtained or is seeking certification or approval by false or inaccurate representations to the OEO may initiate the administrative procedures set forth in this section, Section 187.18 and Section 187.20. For purposes of these sections, each Contractor must maintain its current address(es) and those of its subcontractors with the Administrator; the City’s mailing of any notice to a Contractor by regular mail to the filed address shall constitute the required notice.
(f) If the Administrator has reason to believe that a Contractor is in default with respect to any representation by the Contractor regarding applicable provisions of this Code and its regulations, and on which a certification or Contract was awarded, the Administrator shall:
(1) Send the Contractor written notice by certified mail or personal delivery of any apparent noncompliance with applicable terms of the Code;
(2) Give the Contractor ten (10) days from receipt of the notice, or other specified reasonable opportunity to submit records or offer other information in support of its continued certification and compliance with the provisions of the Code. The Administrator may consider the Contractor’s failure to submit records or other information timely, or promptly when requested by the Administrator, as agreement to the conditions and circumstances of the noncompliance specified in the Administrator’s notice to the Contractor; and
(3) If, after reviewing the information submitted under division (f)(2) of this section, the Administrator determines that the Contractor is not in compliance with the Code, then the Administrator shall issue a written finding of noncompliance or default, stating the basis for that finding and notifying the Contractor of its right to object to the finding.
(g) Any Contractor taking exception to a finding of the Administrator may attempt to reconcile the differences through informal methods of conciliation and persuasion and/or file a written objection by an appeal, with reasons for the objection, to the Administrator by certified mail within ten (10) days after receipt of the Administrator’s written finding. The Administrator may recommend a settlement agreement regarding the finding. If a written objection is filed, the Administrator shall forward the objection to the Director within five (5) days of its receipt, along with all materials relating to the determination which is being appealed, together with any recommendations of appropriate remedial action. The provisions of Section 187.18 will then apply.
(h) If the Administrator finds a Contractor is in default with respect to any representation by the Contractor regarding applicable provisions of this Code and the Regulations on which a certificate was issued or a Contract was awarded, and if the Contractor fails to attempt reconciliation under division (g) of this section within ten (10) days after mailing of the written finding, the Administrator shall forthwith forward his or her findings to the Director along with a recommendation of appropriate remedial action to be taken or sanctions to be imposed. The Director shall then, based solely on the findings of the Administrator, decide whether or not noncompliance exists and shall take such actions set forth in division (a) of Section 187.20 as the Director determines, applicable, appropriate, and consistent with the decision.
(Ord. No. 77-08. Passed 2-4-08, eff. 3-15-08)