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After a finding by the Director that a vendor or subcontractor has failed to file with the County all forms or reports required by this Article while operating under a County contract or has committed a violation of any applicable State or Federal law concerning equal employment practices, the Director shall serve written notice of such violation on the vendor. The vendor shall be responsible for notifying any subcontractor involved in such violation. Upon request by the Director, the vendor found to be in violation shall meet with the Director in order to determine a method of correcting the violation and the time period within which such remedy shall be effected. If the remedy is not agreed upon within ten (10) days of the above notice, the Director shall prescribe the method by which the violation shall be corrected and shall notify the vendor in writing of such method. The vendor shall be responsible that said vendor's subcontractors correct their violations.
If the vendor has not corrected the violation in the manner prescribed by such notice, unless an extended period is permitted in writing by the Director, the Director shall make a finding that the vendor is in violation of this Article and shall impose one or more of the sanctions provided in this Article.
(Amended by Ord. No. 4490 (N.S.), effective 5-1-75; amended by Ord. No. 4721 (N.S.), effective 7-22-76; amended by Ord. No. 6050 (N.S.), effective 6-11-81; amended by Ord. No. 6779 (N.S.), effective 6-7-84; amended by Ord. No. 7359 (N.S.), effective 9-17-87; amended by Ord. No. 8836 (N.S.), effective 11-6-97; amended by Ord. No. 8915 (N.S.), effective 7-3-98, operative 7-3-98; amended by Ord. No. 10574 (N.S.), effective 12-13-18)
Upon a finding that a vendor or subcontractor has violated any portion of this Article, the Director shall impose one or more of the following sanctions:
(a) Find that the vendor is not eligible for the award of any contracts or any future contract until the vendor has demonstrated to the satisfaction of the County that said vendor has made a good-faith effort to improve disabled employment, and will comply with the Affirmative Action Program in effect at the time of any future contracts; in no event shall the vendor be eligible for award of any contract within one year from such finding, unless earlier approved by the Board of Supervisors.
(b) Terminate the entire contract effective at a time specified by the County.
(c) Terminate any portion of the contract or work thereunder.
(d) Find that any subcontractor to the vendor in violation of this Affirmative Action Program is not a responsible party to a County contract and may refuse to contract with any vendor performing County contracts, until the subcontractor has demonstrated to the satisfaction of the County that the vendor has made a good-faith effort to improve disabled employment and will comply with the Affirmative Action Program in effect at the time of any future contracts; in no event shall said subcontractor be eligible to participate in any County contract within one year from such finding unless earlier approved by the Board of Supervisors.
(Amended by Ord. No. 4721 (N.S.), effective 7-22-76; amended by Ord. No. 5099 (N.S.), effective 3-16-78; amended by Ord. No. 6050 (N.S.), effective 6-11-81; amended by Ord. No. 6779 (N.S.), effective 6-7-84; amended by Ord. No. 7359 (N.S.), effective 9-17-87; amended by Ord. No. 8836 (N.S.), effective 11-6-97; amended by Ord. No. 10574 (N.S.), effective 12-13-18)
It is the intent of the Board of Supervisors to enact each provision of this Article independent of every other provision and therefore, should any part or language or any provision in this Article be declared invalid, the remaining provisions of the Article shall be of full force and effect.
(Added by Ord. No. 4490 (N.S.), effective 5-1-75; amended by Ord. No. 4721 (N.S.), effective 7-22-76; amended by Ord. No. 8836 (N.S.), effective 11-6-97; amended by Ord. No. 10574 (N.S.), effective 12-13-18)
In any case where the Director has made a finding that a vendor is in violation of this Article and has imposed any of the sanctions authorized by this Article, the Director shall mail or deliver to the vendor affected at least ten (10) days prior to the effective date of such sanction, a written notice which includes a statement of the action, a concise explanation of the reasons for such action, the basis relied upon for such action and an explanation of the vendor's right to appeal such action to the Board of Supervisors before the effective date of such action. A copy of the notice shall also be sent to any subcontractor of the vendor if the Director has made a finding that such subcontractor is in violation of the provisions of this Article.
(Added by Ord. No. 4490 (N.S.), effective 5-1-75; amended by Ord. No. 4721 (N.S.), effective 7-22-76; amended by Ord. No. 6050 (N.S.), effective 6-11-81; amended by Ord. No. 6512 (N.S.), effective 2-17-83; amended by Ord. No. 6779 (N.S.), effective 6-7-84; amended by Ord. No. 7359 (N.S.), effective 9-17-87; amended by Ord. No. 8836 (N.S.), effective 11-6-97; amended by Ord. No. 8915 (N.S.), effective 7-3-98, operative 7-3-98; amended by Ord. No. 10574 (N.S.), effective 12-13-18)
(a) A vendor or subcontractor who has received the notice required by Section 84.16 may, prior to the effective date set forth in such notice, file an appeal in writing with the Clerk of the Board of Supervisors. Such appeal shall set forth the reasons why the action of the Director should not have been taken. Failure of the vendor or subcontractor to appeal prior to the effective date set forth in such notice, shall make the action taken by the Director final.
(b) Upon receipt of the vendor's or subcontractor's written appeal, the Clerk of the Board of Supervisors shall within fifteen (15) days from such receipt set a hearing on the appeal before the Board of Supervisors. Such hearing shall be set at a time no more than thirty (30) days from the date that the Clerk receives the written appeal. The Clerk shall notify by mail the Director and vendor or subcontractor of the time and place set for said hearing. Pending hearing and decision of the Board of Supervisors, the effect of action of the Director shall be stayed.
(c) At the hearing on the appeal before the Board of Supervisors, the Director and vendor or subcontractor may present evidence relating to the action taken by the Director in the notice. Upon completion of the presentation of the evidence the Board may affirm, modify or overrule the action of the Director. The decision of the Board shall be final.
(Added by Ord. No. 4721 (N.S.), effective 7-22-76; amended by Ord. No. 6050 (N.S.), effective 6-11-81; amended by Ord. No. 6779 (N.S.), effective 6-7-84; amended by Ord. No. 7359 (N.S.), effective 9-17-87; amended by Ord. No. 8836 (N.S.), effective 11-6-97; amended by Ord. No. 10574 (N.S.), effective 12-13-18)
Section 84.14 shall not be applicable to lease from the County entered into pursuant to Article 10 (commencing with Section 25549.1) of Chapter 5, Part 2, Division 2, Title 3 of the California Government Code. In lieu thereof, the Director shall impose one or more of the following sanctions upon a finding that a vendor or subcontractor has violated any portion of this Article:
(a) Find that the vendor is not eligible for the award of any contracts or any future contract until the vendor has demonstrated to the satisfaction of the County that said vendor has made a good-faith effort to improve disabled employment, and will comply with the Affirmative Action Program in effect at the time of any future contracts; in no event shall the vendor be eligible for award of any contract within one year from such finding, unless earlier approved by the Board of Supervisors.
(b) Find that any subcontractor to the vendor in violation of this Affirmative Action Program is not a responsible party to a County contract and may refuse to contract with any vendor performing County contracts until the subcontractor has demonstrated to the satisfaction of the County that the vendor has made a good-faith effort to improve disabled employment and will comply with the Affirmative Action Program in effect at the time of any future contracts; in no event shall said subcontractor be eligible to participate in any County contract within one year from such finding unless earlier approved by the Board of Supervisors.
(c) Assess the vendor or subcontractor an amount of up to One Thousand Dollars ($1,000) per day for each violation which occurs or continues unabated. Upon exhaustion of the administrative remedies provided elsewhere in this Article, a vendor or subcontractor may, within ten (10) days, demand that the assessment be submitted to binding arbitration. If the demand is made, the arbitration proceedings shall be held and conducted pursuant to any arbitration procedures provided in the lease agreement or, in the absence of any such provisions, pursuant to Title 9 (commencing with Section 1280), Part 3 of the Code of Civil Procedure. The decision of the Board of Supervisors shall be stayed pending issuance of the arbitration decision. The arbitration decision shall (1) determine whether a violation of this Article has occurred and is occurring, (2) affirm, modify, or reject in whole or part the decision of the Board of Supervisors, (3) be binding upon both parties, and (4) be effective immediately.
Payment of any assessment shall be made daily commencing upon the effective date of the decision by the arbitrator(s) to assess. Late payments shall accrue simple interest at the rate of eighteen percent (18%) per annum (not to exceed in any event the maximum rate of interest then permitted to be charged by the County pursuant to applicable laws) and the County may offset the amount assessed and due, together with interest thereon, against any sums owed by the County to the vendor or subcontractor.
(d) Commence an action in a court of competent jurisdiction, equitable or otherwise, for monetary damages, declaratory relief, injunctive relief, or for any other remedy deemed just and proper by such court. Failure of the vendor or subcontractor to abide by the final determination (including available appeals) by such court shall constitute an event of default under the lease and entitle the County to pursue any and all remedies available under the lease for default, including, but not limited to, termination of such lease.
(Added by Ord. No. 6512 (N.S.), effective 2-17-83; amended by Ord. No. 6779 (N.S.), effective 6-7-84; amended by Ord. No. 7359 (N.S.), effective 9-17-87; amended by Ord. No. 8836 (N.S.), effective 11-6-97; amended by Ord. No. 10574 (N.S.), effective 12-13-18)
State law reference(s) -- Long-term leases, Gov. Code, § 25549.1; arbitration proceedings, Code of Civil Procedure, § 1280 et seq.