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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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(b) Cancellation of contract. The contracting agency may cancel, terminate or suspend the <br />City contract or any portion thereof, including, but not limited to, withholding any <br />progress payment or monies payable under the contract; <br />(c) Review of other City contracts. The contracting agency may review other City contracts <br />to which contractor is a party in order to determine if the contractor is in compliance <br />under those contracts; <br />(d) Suspension. The contracting agency may suspend the contractor from working on future <br />City contracts for a period of at least one year (or longer for continued noncompliance <br />with the provisions of this article); and <br />(e) Legal remedies. The contracting agency may avail itself of any and all other legal <br />remedies and sanctions. <br />SECTION IV. Anew Article IV of Chapter 14.5 of the South Bend Municipal Code is <br />included to read in its entirety to read as follows: <br />ARTICLE 4. DIVERSITY ACTION COMPLIANCE POLICY AND <br />PROCEDURES <br />Application of this article. This article shall apply to all City departments, agencies, <br />boards and commissions. <br />Sec. 14.5-8 . Conformity with Applicable Federal and State Laws of the Code of the City of <br />South `Bend. <br />The provisions of this Article shall be construed according to and in conformity with Acts of <br />Congress and of the Legislature of the State of Indiana concerning the bidding and awarding of <br />contracts in accordance with United States Department of Transportation, 49 CFR Part 23, 24 <br />CFR. part 135 (Section 3), Title VI of the Civil Rights Act of 1964, Executive Order 11625, <br />October 13, 1971, Executive Order 11246, and other laws applicable to providing contracting <br />opportunities to Disadvantaged Business Enterprises(DBE), Women and Minority Business <br />Enterprises (WMBE) and Section 3 Business Enterprise. Where provisions of this Article came <br />into conflict with either federal or state law or Code of the City of South `Bend, the federal or <br />state law or City Code shall prevail. <br />Sec. 14.5-9. HUD "Section 3 Requirements" (24 C.F.R. Part 135) In The Provision Of <br />Training Employment And Business Opportunities: <br />Borrowers receiving more than $200,000 of federal funds for a project and any contractor or <br />subcontractor with a contract on such a project in excess of $100,000 are subject to the Section 3 <br />requirements outlined in 24 C.F.R. Part 135. All Section 3 covered contracts shall include the <br />following clause (referred to as the "Section 3 Clause"): <br />14 <br />
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