§ 2-9A-22. POST-AWARD COMPLIANCE PROCEDURES.

(A)

Upon award of a Contract by the city council that includes Goals or Subgoals that are met, the Goals or Subgoals become covenants of performance by the Contractor in favor of the City.

(B)

The following schedules shall apply:

(1)

For Construction Contracts, the Contractor must present a work schedule that includes when the MBE/WBE Subcontractors shall be utilized at the job site. This schedule is due on or before the preconstruction meeting with the project manager.

(2)

For professional and nonprofessional services Contracts, the Contractors or Consultants, as the case may be, must present a written schedule of when the MBE/WBE Subcontractors shall be utilized on the project. This written schedule is due on or before execution of the Contract for services, when the final scope of work is determined.

(C)

All Contractors shall provide Subcontractor payment information to the Contract Awarding Authority with each request for payment submitted to the City. The Director shall monitor Subcontractor participation during the course of the Contract and shall have reasonable access to all Contract-related documentation held by the Contractor, as established by rule.

(D)

All Consultants shall provide Subconsultant payment information to the Contract Awarding Authority with each request for payment submitted to the City. The Director shall monitor Subconsultant participation during the course of the Contract and shall have reasonable access to all Contract-related documentation held by the prime Consultant, as established by rule.

(E)

Prior to Contract closeout by the Contract Awarding Authority, project manager, or Contract manager, the Director shall evaluate the Contractor's fulfillment of the contracted Goals or Subgoals, taking into account all approved substitutions, terminations and changes to the Contract's scope of work. Should the Director find the Contractor to have fulfilled the contracted Goals, the Director shall so state in writing to the Contractor, the Contract Awarding Authority, and the project or Contract manager. Should the Director find the Contractor has not fulfilled the contracted Goals or Subgoals, the Director shall provide the reasons for such conclusion and recommend an appropriate Adverse Decision in writing to the Purchasing Office with copies to the Contractor, the Contract Awarding Authority, the project manager, and/or the Contract manager.

(F)

Notice of appeal from an Adverse Decision under Subsection (E) must be filed with the Purchasing Office or relevant Contract Awarding Authority within 14 calendar days from the date of receipt of the finding, including any written documentation to demonstrate how the Contractor or Consultant, as the case may be, has complied with the contracted Goals or Subgoals. The Purchasing Office or relevant Contract Awarding Authority shall hold a hearing within 15 calendar days of receipt of notice of appeal on whether the Contractor or Consultant has complied with the contracted Goals or Subgoals. The Contract Awarding Authority, the project or Contract manager, the Director, and the Contractor or Consultant shall participate. The Purchasing Office or relevant Contract Awarding Authority shall make a finding in writing within 15 calendar days after the close of the hearing date, along with a recommendation for resolution of the Adverse Decision, if appropriate.

Source: Ord. 20060608-058; Ord. 20081211-060.