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Instructions Regarding Affirmative Action In Contracting - City of South Bend, Indiana
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Instructions Regarding Affirmative Action In Contracting - City of South Bend, Indiana
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In tructions Regarding <br />Af irmative Action in Contracting <br />Pa e 5 <br />III. COMPLIANCE <br />In order to insure compliance with affirmative action <br />procedures the ordinance provides that the contracting agency or <br />its designee shall have the right during the term of the City <br />contract to: <br />A. Inspect any and all of the contractor's records, books and <br />reports, provided such materials relate to contractor's compliance <br />or ioncompliance with affirmative action procedures; <br />B. Conduct on -site inspections in order to evaluate the <br />con ractor's business practices; <br />C. Monitor the contractor's progress toward attaining the <br />goals established in its affirmative action plan by requiring the <br />contractor to submit annual affirmative action reports to the <br />Mayor's designee; and <br />D. Review the status of a certified contractor to insure that <br />the contractor still qualifies as a Minority. Business Enterprise or <br />a W men Business Enterprise. <br />IV. NONCOMPLIANCE PROCEDURES <br />The ordinance provides procedures to be followed in the event <br />of oncompliance with any of the provisions of the ordinance: <br />IA. The contracting agency is to serve written notice of <br />non�_Jlompliance on the contractor or his representative; <br />B. Within five (5) days after receiving notice of <br />noncompliance the contractor is either to proceed to correct the <br />noncompliance or meet with a designee of the contracting agency to <br />determine a method of correcting the noncompliance; <br />C. If the contractor does not correct the noncompliance in a <br />mann r satisfactory to the contracting agency within thirty (30) <br />days the contracting agency shall hold a hearing upon written <br />noti e to the contractor and shall give the contractor opportunity <br />to s ow cause why it has not met its affirmative action obligations <br />and by it should not be suspended; and <br />Zr the contractor is unable to establish any reason why <br />despite good faith efforts it has been unable to meet its <br />affi mati•, action obligations, the contracting agency shall have <br />the right to impose one or more of the sanctions prescribed below: <br />1. Forfeiture of performance bond. The contracting <br />ency may require the contractor to forfeit to the City its <br />rformance bond under the City contract; <br />Form AAC <br />Page 5 of 6 <br />
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