153.10   WAIVER OF BOND

(a) The MBE Officer, with input from the Purchasing Agent, may suggest to the City Manager, and the City Manger may determine to exempt MBE's or DBE's from posting bid bonds with their bids and performance bonds with the execution of contracts upon a finding that one or more of the following exist:
(1) The contract is for the purchase of goods, services or construction which is consistent with the bidder's capabilities to perform.
(2) Such waiver does not conflict with compliance of Federal Wages and Hour Act, the Davis Bacon Act or other Federal procedures.
(3) The bidder has a prior record of performance which may be used to determine the bidder's ability to perform.

(b) Nothing contained in this section shall be construed to restrict the applicability of State prevailing wage requirements or to exempt transactions therefrom to the extent that such requirements would otherwise apply and be enforceable.

153.11   NONDISCRIMINATION BY CONTRACTORS.

(a) The goals referred to in Section 153.01 are established to encourage affirmative action by all parties who participate in contracts with the City and apply to all contractors and subcontractors.

(b) No contractor shall discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, handicap, ancestry or Vietnam-era or disabled veteran status. Contractors shall take such affirmative action as is required by law to ensure that applicants are employed and that employees are treated during employment without regard to race, religion, color, sex, national origin, age, handicap, ancestry or Vietnam-era or disabled veteran status. As used herein, "treated" means and includes without limitation the following: recruited, whether by advertising or other means; compensated, whether in the form of rates of pay or other forms of compensation; selected for training, including apprenticeship, promoted, upgraded, demoted, transferred, laid off and terminated. Contractors shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the hiring representatives of contractors setting forth the provisions of this nondiscrimination clause.

(c) Any person who intentionally misrepresents himself/herself [sic] as owning, controlling, operating or participating in a MBE or DBE for the purpose of obtaining contracts, subcontracts, or any other benefits under this chapter shall be guilty of theft by deception as provided in Ohio R.C. 2913.02.
(Ord. 90-478. Passed 8-28-90.)

153.12   TIME REQUIREMENTS AND PROCEDURE FOR NONCOMPLIANCE

(a) Whenever the MBE Officer determines a contractor to be in violation of a provision of this chapter, he shall issue a written finding setting forth such determination and the basis of his decision, together with notice to the contractor of the right to object to the finding. Such written finding shall be served upon the contractor by certified mail at such contractor's last known address. Any contractor taking exception to a finding of the MBE Officer first shall attempt to reconcile the situation with the MBE Officer. A good faith attempt to achieve informal reconciliation is a prerequisite to the contractor filing a written objection with the City Manager.

(b) If, after attempting to reconcile the violation by informal means, the situation is not alleviated, a contractor may file a written objection with the City Manager within fifteen days of the receipt by the contractor of the MBE Officer's written finding. Thereupon, the MBE Officer shall, within seven days, forward to the City Manager all materials relating to the determination which is appealed, together with recommendations of appropriate remedial action to be taken. The contractor may file a request for a hearing before the City Manager when filing the written objection.

(c) If the MBE Officer finds a contractor to be in violation of this chapter and no reconciliation is attempted by the contractor within fifteen days of the receipt by the contractor of the written finding, the MBE Officer shall forthwith forward his finding to the City Manager along with any recommendation of appropriate remedial action to be taken.

(d) Under the direction of and upon authorization from the City Manager, the MBE Officer shall determine when a violation of this section exists and when the attempts at reconciliation taken by the contractor will not reasonably alleviate the situation.

(e) If the contractor objects to the decision of the City Manager, the contractor must next pursue the appeal process set forth in 49 CFR 23.55.
(Ord. 90-478. Passed 8-28-90.)

153.13   THIRD PARTY COMPLAINTS

Any person or organization with information indicating unjust participation by an enterprise or individuals under this program, or who believes that the DBE and MBE participation is being improperly applied, should file a written complaint with the City Manager which shall contain a detailed statement in writing of the basis of the complaint.
(Ord. 90-478. Passed 8-28-90.)

153.99   PENALTY

Whoever violates any provision of this chapter for whcih another penalty is not specifically provided shall be guilty of a misdemeanor of the fourth degree, punishable by a fine of not more than two hundred fifty dollars ($250.00) or by imprisonment not exceeding thirty days or both.

Ordinances Index