New Chapter 14.5 Entitled Affirmative Action Procedures

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a. Review contract award decisions of the previous year and revise those contract award procedures which reflect any discriminatory practice; b. Review contract award decisions in light of the remedial goals established for the year and report progress in eliminating any underrepresentation of minorities and women or lack thereof to the Mayor, including any reasons why despite good faith efforts the contracting agency was unable to meet its goals for the year; c. Reevaluate remedial goals established for each business category to insure that the goals are realistic in relation to the number of qualified minority-owned and women-owned businesses in the community and to insure that the goals are being used as guidelines rather than as quotas which must be met; and d. Discontinue the remedial goal for a particular business category when the underrepresentation of minority-owned and women-owned businesses is eliminated in that category. (f) Compliance mechanisms. In order to insure compliance with affirmative action procedures the contracting agency or its designee shall have the right during the term of the City contract to: ( 1) Inspect any and all of the contractor' s records, books and reports, provided such materials relate to contractor' s compliance or noncompliance with affirmative action procedures; ( 2) Conduct on-site inspections in order to evaluate the contractor' s business practices; ( 3 ) Monitor the contractor' s progress toward attaining the goals established in its affirmative action plan by requiring the contractor to submit annual affirmative action reports to the Mayor' s designee; and ( 4) Review the status of a certified contractor to insure that the contractor still qualifies as a Minority Business Enterprise or a Women Business Enterprise. (g) Noncompliance procedures. In the event of noncompliance with any of the provisions of this article: (1) The contracting agency shall serve written notice of the noncompliance on the contractor or his representative; ( 2) Within five ( 5) days after receiving notice of noncompliance the contractor shall either proceed to correct the noncompliance or meet with a designee of the contracting agency to determine a method of correcting the noncompliance; ( 3 ) If the contractor does not correct the noncompliance in a manner satisfactory to the contracting agency within thirty ( 30) days, the contracting agency shall hold a hearing upon written notice to the contractor and shall give the contractor opportunity to show cause why it has not met its affirmative action obligations and why it should not be suspended: and