(A) The affirmative action program shall be administered by the Division.
(B) The Division shall:
(1) Determine whether a commitment complies with the terms of § 95.15;
(2) Determine whether the performance under such commitment complies with § 95.15;
(3) Monitor the performance of persons and firms covered by § 95.15 to determine whether such persons and firms are continuing compliance with the terms of their commitment;
(4) Notify the Mayor and appropriate Department Head whenever a person or firm is determined not to be in compliance with an affirmative action program contained in such person’s or firm’s written commitment.
(C) Upon a determination by the Division of noncompliance, the Director shall inform the noncomplying person or firm of the nature and extent of the noncompliance. If the noncompliance persists, the Director, appropriate Department Head and the noncomplying person or firm shall together examine the charges of noncompliance and attempt to resolve the situation to establish full compliance with the provisions of § 95.15 and the terms of any affirmative action program executed in a written commitment by the person or firm.
(D) If the informal resolution of noncompliance pursuant to division (C) is unsuccessful, the city, in its discretion, may:
(1) Cancel, terminate or suspend the contract in whole or in part;
(2) Declare the person or firm ineligible for further contracts for one calendar year;
(3) Recover from the person or firm by setoff against the unpaid portion of the contract price, or otherwise pursuant to the contract, the sum of $50 per day, as liquidated damages and not as a penalty, for each day that the person or firm shall fail to comply with § 95.15, as determined by the Commission in accordance with its rules and regulations; these damages are liquidated, fixed and agreed upon by and between the person or firm and the city because of the impracticality and extreme difficulty of fixing and ascertaining the actual damages which the city would sustain in the event of a breach of contract, and the amount is agreed to be the amount of damages which the city would sustain; or
(4) Impose such other sanctions as may be recommended by the Commission pursuant to this chapter.
(Ord. 7793, passed 11-7-95; Am. Ord. 9146, passed 5-1-18)