(a) Under the direction of and upon authorization from the director, the administrator shall have the authority to review and certify as to the compliance of all contractors, contracts and bids with this Code. Based upon such review, the Administrator may issue or deny certificates of compliance or, in the case of equal employment as described in Subsection (a)(1), statements of deemed compliance to contractors with respect to the following four areas:
(1) Equal employment or minorities and women in the contractor's workforce, as described in Subsections 115.06(b)(1) and (2); and
(b) Any certification with regard to professional service contracts entered into by the Director of Law may be deferred at the discretion of the Director of Law, but shall occur prior to final payment under the contract.
(c) If the administrator determines that a contractor has complied with the applicable provisions of this Code, the Administrator shall issue an appropriate certificate or a statement of deemed compliance. Any person having knowledge of facts tending to show that a contractor has obtained or is seeking certifications by fraudulent or inaccurate misrepresentations to the Office of Equal Opportunity may initiate the administrative procedures set forth in Subsections 115.09 through 115.11. If the Director determines that a contractor is not in compliance with the provisions of the Code, the Director shall not issue a certificate or a statement of deemed compliance. If the Director has reason to believe that a contractor is in default with respect to any representation by the contractor, regarding the applicable provisions of this Code, and upon which a certification or contract was awarded, the Director shall:
(1) Send the contractor written notice by certified mail of the basis for, and commence a review of, the contractor's compliance with those terms of the Code which are applicable to the contract and;
(2) Give the contractor reasonable opportunity to submit records or offer other information in support of its continued certification and compliance with the provisions of the Code applicable to the contract in question; provided, however, the Director may not cancel the contractor's certified status until a final decision has been made. Failure of the contractor to submit records or other information promptly as requested by the Director may be deemed by the Director to be agreement by the contractor to the conditions and circumstances of noncompliance addressed in the Director's notice to the contractor.
(d) Whenever the Director determines that a contractor is not in compliance with the applicable provisions of the Code or with its own representations related to this Code and upon which a certification or contract was awarded, the Director shall issue a written finding setting forth such determination and the basis of the decision together with notice to the contractor of the right to object to the finding. All contractors are responsible for maintaining their current addresses and those of their subcontractors with the Director; upon mailing by certified mail of the written finding to such filed address, the required notice shall be complete. Any contractor taking exception to a finding of the Director may attempt to reconcile the differences through informal methods of conciliation and persuasion. The Director may enter into a settlement rescinding any such finding of failure to comply. Such agreement shall be signed by both the Director and the contractor and a copy shall be retained by each.
(e) If attempts to reconcile differences with the Director by informal means are not successful, a contractor may file a written objection with the Director by certified mail within 20 days of mailing of the Director's written finding.
(f) If the Director finds a contract is in default with respect to any representation by the contractor related to the Code and upon which a certification or contract is not in compliance with the applicable provisions of the Code, and no reconciliation is attempted by the contractor within 20 days of mailing of the written finding, the Director shall then make a decision as to whether or not a status of noncompliance exists based solely on the findings of the Director and shall take such of the actions set out in Subsection 115.11(a) as are applicable and consistent with his determination.
(Ord. 1990-65. Passed 1-16-91.)