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01-31-11 Community & Economic Development Com
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01-31-11 Community & Economic Development Com
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2/10/2011 4:03:58 PM
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2/10/2011 4:03:57 PM
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City Council - City Clerk
City Council - Document Type
Committee Mtg Minutes
City Counci - Date
1/31/2011
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(1) Inspect any and all of the contractor's records, books and reports, provided such <br />materials relate to contractor's compliance~or noncompliance with diversity action <br />procedures; <br />(2) Conduct on-site inspections in order to evaluate the contractor's business practices; <br />(3) Monitor the contractor's progress toward attaining the goals established in its <br />diversity action plan by requiring the contractor to submit annual diversity action reports <br />to the Mayor's designee; and <br />(4) Review the status of a certified contractor to insure that the contractor still qualifies <br />as a minority business enterprise or a women business enterprise. <br />(g) Noncompliance Procedures. In the event of noncompliance with any of the provisions of <br />this article: <br />(1) The contracting agency shall serve written notice of the noncompliance on the <br />contractor or his representative; <br />(2) Within five (5) days after receiving notice of noncompliance the contractor shall <br />either proceed to correct the ,noncompliance or meet with a designee of the contracting <br />agency to determine a method of correcting the noncompliance; <br />(3) If the contractor does not correct the noncompliance in a manner satisfactory to the <br />contracting agency within thirty (30) days, the contracting agency shall hold a hearing <br />upon written notice to the contractor and shall give the contractor opportunity to show <br />cause why it has not met its diversity action obligations and why it should not be <br />suspended; and <br />(4) If the contractor is unable to establish any reason why despite good faith efforts it <br />has been unable to meet its diversity action obligations, the contracting agency shall have <br />the right to impose one or more of the sanctions prescribed in section 14.5-7. The <br />decision of the contracting agency shall be final for purposes of judicial review. <br />(Ord. No. 7811-87, § 1) <br />Sec. 14.5-7. Penalties. <br />The contracting agency shall have the right, after first following the noncompliance procedures <br />provided in section 14.5-6(g), to impose the following penalties and sanctions in the event of a <br />contractor's noncompliance with any of the provisions of this article: <br />(a) Forfeiture of performance bond. The contracting agency may require the contractor to <br />forfeit to the City its performance bond under the City contract; <br />I~ <br />
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