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shall be given to minority business enterprises located in St. Joseph County. For the purpose of <br /> this subsection, an "unreasonable price" is a price above competitive levels which cannot be <br /> attributed to the minority business enterprise's attempt to cover costs inflated by the present <br /> effect of disadvantage or discrimination. <br /> (2) For the purpose of this subsection, determination of the "lowest and best bid" shall include an <br /> evaluation of such factors as the nature of the supplies or services sought, prices of similar <br /> products in the relevant market area, minority employment levels achieved by the prospective <br /> contracting entities, location of business offices, general conditions in the market area, minority <br /> participation in the marketplace and such other factors as may be deemed relevant. <br /> Sec.14.5-9 Time Requirements and Procedure for Noncompliance <br /> (1) Whenever the Diversity Compliance Officer determines a contractor to be in violation of a <br /> provision of this chapter, he shall issue a written finding setting forth such determination and the <br /> basis of his decision, together with notice to the contractor of the right to object to the finding. <br /> Such written finding shall be served upon the contractor by certified mail at such contractor's last <br /> known address. Any contractor taking exception to a finding of the Diversity Compliance Officer <br /> first shall attempt to reconcile the situation with the Diversity Compliance Officer. A good faith <br /> attempt to achieve informal reconciliation is a prerequisite to the contractor filing a written <br /> objection with the City Manager. <br /> (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 /> Sec14.5-10. THIRD PART'' COMTLAINTS <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, § 11) .. <br /> � � �4r4'•4'r' f F <br />