(1) Complaint. In the event that a Bidder or Participant submits a written complaint of discrimination, the Department of Diversity, Equity and Inclusion is authorized to investigate the complaint. An investigation may also be initiated based solely on a finding of a significant statistical disparity from the established contract-by-contract MBE/WBE subcontractor goal(s).
(A) The Director of Diversity, Equity and Inclusion or the Director's designee may conduct an on-site inspection or desk audit of the project to determine whether the prime contractor has been utilizing the subcontractor in accordance with the contractual agreement for services.
(2) Determination of Compliance or Non-compliance.
(A) The Department of Diversity, Equity and Inclusion, along with the contracting staff of each City department, shall monitor contractor compliance with the provisions of this Chapter. If it is determined that there is cause to believe that a prime contractor or subcontractor has failed to comply with applicable requirements of this Chapter, the Department of Diversity, Equity and Inclusion shall so notify the originating department and the contractor. The Director, or designee, may require such reports, information and documentation from contractors, respondents and the head of any City department, division or office as are reasonably necessary to determine compliance.
(B) If the Director of Diversity, Equity and Inclusion makes a final determination that the contractor has violated or has failed to comply with its requirement under the contract and this Chapter, and the contractor has been given reasonable time to correct such situation and/or where negotiations have failed to result in an agreement on corrective actions, the Director shall make finding of noncompliance.
(3) Enforcement. In the event of a there is finding of a substantial or material noncompliance, the City, upon consultation with the Department managing the contractor, the Director of Diversity, Equity and Inclusion, the Commissioner of Purchasing, the Mayor office and the Law Department, may take such action as permitted under the contract or the Toledo Municipal Code, including termination of the contract, disqualification of the contractor from participating in City contract or such other action provided under law.
(Ord. 238-23. Passed 5-30- 23.)