R2012-181 AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT

Home Browse Search

(5) Access to Books. The contracting entity shall permit access to all books, records and accounts pertaining to its employment practices by the City Manager or by the City Manager's designee for purposes of investigation to ascertain compliance with this provision. (6) Reports. The contracting entity shall provide periodic compliance reports to the City Manager. Such reports shall be within the time and in the manner proscribed by the City and describe efforts made to comply with the provisions of this provision entitled "Human Rights Guarantee". (7) Remedies. In the event that any contracting entity fails to comply with the non-discrimination pledge, affirmative action provisions of the above subsections, or fails to comply with or make good faith efforts to comply with affirmative action plans or any provision of City, State or Federal law relating to human rights, after the City has provided written notice to the contracting entity of such failure to comply and provided the contracting entity with an opportunity to speak to the City Manager or the City Manager's designee relative to such failure to comply, then the City, at its option, may declare the contracting entity to be in default of this agreement and take, without election, any or all of the following actions: (i) Cancel, terminate or suspend the contract in whole or in part; (ii) Declare the contracting entity ineligible for further contracts for a calendar year; (iii) Recover from the contracting entity by set-off against the unpaid portion of the contract price, or otherwise recover money due to the contracting entity pursuant to the contract, the sum of Fifty Dollars ($50.00) per day, as liquidated damages and not as a penalty, for each day after the date of the notice that the contracting entity shall fail to comply with these provisions of the contract, as determined by the City Manager, the said sum being fixed and agreed upon by and between the contracting entity and the City because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages which the City would sustain in the event of such breach of contract, and said amount is agreed to be the amount of monetary damages which the City would sustain; (iv) Seek other sanctions as may be imposed by the Human Relations Commission or other governmental bodies pursuant to law. (b) The construction contractor shall automatically include the provisions of the foregoing paragraphs in every construction subcontract so that the provisions will be binding upon each construction subcontractor. 1