(a) Within five (5) business days after the hearing required by Section 187.18, the Director shall issue and send by certified mail to the Contractor, findings of fact and a determination of compliance or noncompliance with the Code, the Regulations, or any Contract provisions concerning CSB, MBE, or FBE participation. If the Director determines that the Contractor is in compliance with the applicable provisions of the Code, the Director shall issue an appropriate certificate. If the Director determines that the Contractor is in default with respect to any representation upon which it was awarded a certificate or contract or that the Contractor is not in compliance with the applicable provisions of the Code, the Regulations and any Contract provisions concerning CSB, MBE, or FBE participation, the Director, in addition to other remedies available with respect to the foregoing and other defaults under any Contract in question, may take any of the following actions:
(1) Cancel any existing certificate of employment compliance or withhold issuance of a certificate of employment compliance until the Contractor cures the default or complies fully with the applicable provisions of the Code, the Regulations, and any Contract provisions concerning CSB, MBE, or FBE participation;
(2) Recommend that the City withhold all or part of any payments due the Contractor until such time as the Contractor cures the default or is in full compliance with the applicable provisions of the Code, its Regulations and any Contract provisions concerning CSB, MBE, or FBE participation;
(3) Recommend that the City cancel the Contract and declare a forfeiture of any performance bond;
(4) Recommend that the Director of Law take such legal action, whether civil or criminal, as he or she deems appropriate;
(5) Recommend rescission of the Contract based upon a material breach of the Contract pertaining to CSB, MBE, or FBE participation;
(6) Recommend disqualification of a Bidder, Contractor, or other Business Enterprise from eligibility for providing goods or services to the City for a period not to exceed two (2) years; or
(7) Recommend a claim for payment of damages, including any liquidated damages specified in the Contract.
(b) Notwithstanding any other provision of this section, if the Director determines after an investigative hearing that the City has contracted with a Front Organization and/or that a Contractor has participated with a CSB, FBE, or MBE Contractor in activities that would create a Front Organization, then the Director shall:
(1) Decertify the Contractor and/or Front Organization;
(2) Not permit the Contractor and/or Front Organization to be certified for a period of not less than one (1) year after a final determination; and
(3) Refer the matter to the City Prosecutor’s office for appropriate action.
(c) A decision of the Director under this section is final and may be appealed to the Board of Zoning Appeals by filing a notice of appeal with the Board and a copy to the Director within fifteen (15) days of the decision. The Board of Zoning Appeals shall, after a hearing, determine whether the decision of the Director is arbitrary, capricious, or unreasonable. The decision of the Board of Zoning Appeals, in turn, may be reviewed by the Common Pleas Court of Cuyahoga County under RC Chapter 2506, or as otherwise provided by law.
(Ord. No. 1056-10. Passed 10-25-10, eff. 10-28-10)