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 Orlando
 Code of Ordinances
 Chapter 57. DISCRIMINATION
 Article II. MINORITY BUSINESS ENTERPRISE

  § 57.20. Failure to Comply.  

Latest version.

  • (1)

    The Compliance Official shall designate a Contract Compliance Investigator or MBE Project Manager to investigate whether a contractor with the City for construction services has at any time during the term of said contract failed to maintain the minority employment levels and minority business enterprise percentages established pursuant to Section 57.16 of this Chapter and also failed to show a good faith effort to maintain said levels and percentages, the Contract Compliance Investigator or MBE Project Manager shall document the non-compliance and report it to the Compliance Official. If the contractor fails to come into compliance or fails to show a good faith effort to come into compliance within fifteen (15) days in the case of minority employment levels, and within thirty (30) days in the case of minority business enterprises, the Compliance Official may then impose appropriate penalties upon the contractor, to include but not be limited to (a) forfeiture of a portion of the retainage withheld pursuant to the contract, commensurate with the extent of the violation, (b) withhold MBE approval memorandum for failure to comply, and (c) M/WBE de-certification. The Compliance Official may in his discretion refer the contractor to the Chief Procurement Officer for debarment from submitting future bids to the City for a period of one (1) year.

    (2)

    If it is determined by the Contract Compliance Investigator or MBE Project Manager that any contractor with the City, subcontractor, a minority business enterprise or women-owned business enterprise certified by the City or seeking certification by the City has violated the provisions of this Ordinance or any other state, federal or local law or has given false information to the City, then the Contract Compliance Investigator or MBE Project Manager shall document said action and report it to the Compliance Official, and the contractor, subcontractor, women-owned business enterprise or minority business enterprise. Within 15 days after the receipt of the report the Compliance Official shall meet with contractor, subcontractor, minority business enterprise or women owned business enterprise to hear and take such evidence as may be offered by that contractor, subcontractor, minority business enterprise or women-owned business enterprise. The Compliance Official may impose appropriate penalties upon the contractor, to include but not be limited to (a) forfeiture of a portion of the retainage withheld pursuant to the contract, commensurate with the extent of the violation, (b) withhold MBE approval memorandum for failure to comply, and (c) M/WBE de-certification. The Compliance Official may then, in his discretion, refer to the City's Chief Procurement Officer a recommendation to impose debarment or suspension upon the contractor, subcontractor, minority business enterprise or women-owned business enterprise.

(Ord. of 8-29-1983, Doc. #18037; Ord. of 10-3-1983, Doc. #18092; Ord. of 2-25-1985, Doc. #19235; Ord. of 12-13-1999, § 15, Doc. #32494; Ord. No. 2018-36, § 1, 7-9-2018, Doc. #1807091201)