111.10  CONTRACTORS ENGAGED IN BUSINESS IN NORTHERN  IRELAND; COMPLIANCE WITH MACBRIDE PRINCIPLES FOR FAIR EMPLOYMENT.
   (a)   All contractors and any subcontractors having more than a fifty percent interest in a contract shall, prior to any contract being awarded by the City, disclose on a form to be prescribed by the Director of Law, whether said contractor or subcontractor, or any controlling shareholder, subsidiary or parent corporation of said contractor or subcontractor, is engaged in any business or trading for profit in Northern Ireland. As used in this section, "controlling shareholder" means any shareholder owning more than fifty percent of the stock in the corporation, or more than twenty-five percent of the stock in the corporation if no other shareholder owns a larger share of the stock in the corporation.
   (b)   Any contractor or subcontractor making the disclosure prescribed in subsection (a) hereof shall stipulate that said contractor or subcontractor, and all enterprises included in the disclosure, are taking all lawful and good-faith steps to actively engage in the implementation of the fair employment practices known as the "MacBride Principles for Fair Employment in Northern Ireland." Each contractor or subcontractor shall agree to independent monitoring of his or her compliance upon request by the City.
   (c)   Any contractor or subcontractor failing to make the disclosure prescribed in subsection (a) hereof shall not be eligible to provide any goods or services whatsoever for use by the City in return for payments, fees or commissions from City funds.
   (d)   Any contractor or subcontractor who is awarded a contract to supply goods or services for use by the City in return for payment, fees or commissions from City funds, and who is subsequently deemed to have failed to make the disclosure provided for in subsection (a) or (b) hereof, shall be declared to have acted in default of his or her contract and shall be subject to the remedies for default contained in the contract.
   (e)   Any contractor or subcontractor who has failed to remedy any default of its contract declared in accordance with subsection (d) hereof shall be automatically excluded from tendering or bidding for the supply of any goods or services for use by the City for a period of two calendar years.
   (f)   Any contractor or subcontractor who enters into a contract with the City to supply any goods or services, having made the stipulation prescribed in subsection (a) hereof, and who fails or refuses to comply with said stipulation, shall be deemed to have acted in breach of the contract and in default of the contract, and shall be subject to the provisions of subsections (d) and (e) hereof.
   (g)   The Director of Finance shall provide a list of all persons, firms or corporations who or which have refused to make the disclosure provided for in subsection (a) hereof, have refused to make stipulation provided for in subsection (b) hereof, and/or are in default of their contract under this section, to the Clerk of Council by April 1 of each year. Said list shall be made available for public inspection.
   (h)   This section shall apply to all contracts entered into by the City, except any contract to a contractor or subcontractor where there is no other contractor or subcontractor who will contract to supply goods or services at comparable quality at a comparable price.
   (i)   The Director of Finance shall report any contract entered into pursuant to the exceptions specified in subsection (h) hereof to the Clerk of Council by April 1 of each year. Said list shall be made available for public inspection.
(Ord. 89-92.  Passed 11-16-1992.)