The State of Minority- and Women- Owned ... - Cleveland.com

The City of Cleveland’s Cleveland Small Business, Minority Business Enterprise, and
Female Business Enterprise Program: Overview and Feedback Interviews
noncompliance or default, stating the basis for that finding and notifying the
contractor of its right to object.
Any contractor taking exception to a finding of the Administrator may attempt to reconcile the
differences through informal methods of conciliation and persuasion and/or file a written
objection by an appeal, with reasons for the objection, to the Administrator by certified mail
within 10 days after receipt of the Administrator's written finding. The Administrator may
recommend a settlement agreement regarding the finding. If a written objection is filed, the
Administrator will forward the objection to the Director within five days of its receipt, along
with all materials relating to the determination, together with any recommendations of
appropriate remedial action.
If the Administrator finds a contractor is in default with respect to any representation, and if the
contractor fails to attempt timely reconciliation, the Administrator will forward the findings and
a recommendation of appropriate remedial action or sanctions to be imposed to the Director. The
Director will take actions appropriate, and consistent with the decision.
If the contractor files a timely objection, , the Director will hold a hearing not less than five days
nor more than ten days from the filing, unless the contractor and the Director otherwise mutually
agree. The Director shall send notice of the date, time, and place for hearing by mail to all
interested parties. The contractor shall have the right to record the proceedings of the hearing at
the sole expense of the contractor.
Within five business days after the hearing, the Director shall issue and send by certified mail to
the contractor findings of fact and a determination of compliance or noncompliance. If the
Director determines that the contractor is in compliance, the Director shall issue an appropriate
certificate. If the Director determines that the contractor is in default or is not in compliance, the
Director, in addition to other remedies available, may take any of the following actions:
• Cancel any existing certificate of employment compliance or withhold issuance of a
certificate until the contractor cures the default or complies fully;
• 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;
• Recommend that the City cancel the contract and declare a forfeiture of any
performance bond;
• Recommend that the Director of Law take such legal action, whether civil or
criminal, as appropriate;
• Recommend rescission of the contract based upon a material breach of the contract
pertaining to CSB, MBE, or FBE participation;
NERA Economic Consulting 300