The City, through its Office of Equal Opportunity, will review the contractor's minority business enterprise involvement efforts during performance of the contract, as follows:
(a) The OEO shall review each contractor's minority business enterprise efforts to determine compliance with the stated percentage goals of each bid.
(b) If the contractor meets or exceeds the stated requirements, the contractor shall be presumed to be in compliance and the bid shall be approved.
(c) When it is found that a contractor has failed to meet the stated goal of his or her plan, the OEO shall review the plan with the contractor and allow five days for revision. This review shall be in writing and made a part of the bidder's file for future reference.
(d) If the contractor fails to comply, the OEO shall recommend disapproval and refer the matter to the Director of Safety-Service for further disposition.
(e) If the contractor ensures that the goals will be met during the performance of the contract and later it is learned that he or she has failed to comply, the Director will issue a withhold payment notice to the appropriate City departments.
(f) Following the withholding of payment, no further payment will be made until the contractor meets the goals. Failure of the contractor to meet the goals will result in the contractor being declared in default, and the City may procure the article or services from other sources and hold the contractor responsible for any excess cost occasioned thereby.
(g) Responsibility for determining whether or not a nonregistered MBE is qualified as an MBE will be the contractor's. Where the City finds that the offered MBE is not qualified, as stated by the contractor, the City reserves the right to impose such sanctions against the contractor as may be necessary, including the termination of the contract and rejection of future bids for a period of one year from the date the sanctions were approved.
(h) The contractor shall keep records and documents for one year following performance of the contract to indicate compliance with the notice of Requirements to Ensure MBE Opportunity. These records and documents, or copies thereof, shall be made available at reasonable times and places for inspection by any authorized representative of the City and shall be submitted to the City upon request, together with any other compliance information which such representative may require.
(i) Bidders and contractors are bound by all the requirements, terms and conditions of such notice.
(Ord. 83-75. Passed 4-4-83.)