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(2) If, after attempting to reconcile the .violation by informal means, the situation is not <br />alleviated, a contractor may file a written objection with the City Manager within fifteen days of <br />the receipt by the contractor of the Diversity Compliance Officer's written finding. Thereupon, <br />the Diversity Compliance Officer shall, within seven days, forward to the City Manager all <br />materials relating to the determination which is appealed, together with recommendations of <br />appropriate remedial action to be taken. The contractor may file a request for a hearing before <br />the City Manager when filing the written objection. <br />(3) If the Diversity Compliance Officer finds a contractor to be in violation of this chapter and no <br />reconciliation is attempted by the contractor within fifteen days of the receipt by the contractor <br />of the written finding, the Diversity Compliance Officer shall forthwith forward his finding to <br />the City Manager along with any recommendation of appropriate remedial action to be taken. <br />(4) Under the direction of and upon authorization from the City Manager, the Diversity <br />Compliance Officer shall determine when a violation of this section exists and when the attempts <br />at reconciliation taken by the contractor will not reasonably alleviate the situation. <br />(5) If the contractor objects to the decision. of the City Manager or Consulting Firm, the <br />contractor must next pursue the appeal process set forth in 49 CFR 23.55. <br />Sec14.5-14. THIRD PARTY COMPLAINTS <br />Any person or organization with information indicating unjust participation by an enterprise or <br />individuals under this program, or who believes that the DBE and W/MBE participation is being <br />improperly applied, should file a written complaint with the City Manager which shall contain a <br />detailed statement in writing of the basis of the complaint.(Ord. No. 7811-87, § 1) <br />SECTION V. This ordinance shall be in full force and effect from and after its passage <br />by the Common Council and approval by the Mayor. <br />Attest: Member of the Common Council <br />City Clerk <br />Presented by me to the Mayor of the City of South Bend, Indiana, on the <br />day of , 2011, at o'clock _ . m. <br />City Clerk <br />18 <br />