155.09   Pre-Award Conference

Prior to the awarding of any construction contract, the Contracts Compliance Officer may hold a pre-award conference with the apparent successful bidder or with all prospective bidders having submitted approved affirmative action programs to discuss their affirmative action requirements pursuant to this chapter. Such conference shall be held at least ten days prior to the award of the contract.
Ord. 89-206. Passed 4-11-89.)

155.10   SUBMISSION OF REPORTS TO EVIDENCE COMPLIANCE

The contractor shall submit, and shall cause his subcontractors to submit, in such forms and at such times as the Contracts Compliance Officer shall provide by order, or directive, written reports as evidence of compliance with the terms and purposes of this chapter and Executive Order 11246. Such compliance reports shall contain such information as to the practices, policies, programs and employment policies, programs and employment statistics of the contractor and each subcontractor as the Contracts Compliance Officer deems necessary and appropriate to establish compliance.
(Ord. 89-206. Passed 4-11-89.)

155.11   ACCESS TO AND SUBMISSION OF RECORDS AND INFORMATION.

Every contractor subject to this chapter shall grant, and shall cause his subcontractors to grant, the Contracts Compliance Officer the means, facilities and opportunity, at all reasonable times, to examine and investigate all persons, books, papers, records, reports or accounts as such Officer may deem necessary to ascertain whether the contractor is, and all subcontractors are, in compliance with the terms and purposes of this chapter and Executive Order 11246. If requested by the Contracts Compliance Officer, such information shall be provided in writing within ten days of the date of the request.
(Ord. 89-206. Passed 4-11-89.)

155.12   NOTICE TO UNIONS AND EMPLOYEES.

The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the Contracts Compliance Officer, advising the labor union or worker's representative of the contractor's commitments under this chapter and Executive Order 11246, and shll post copies of the notice in conspicuous places available to employees and applicants for employment.
(Ord. 89-206. Passed 4-11-89.)

155.13   CONTRACTORS' COMPLIANCE DUTY.

Each contractor shall be responsible for the implementation of his affirmative action program and shall cause all subcontractors to comply with the terms of such program or the affirmative action program adopted by the subcontractor.
(Ord. 89-206. Passed 4-11-89.)

155.14   COMPLAINTS

The Contracts Compliance Officer shall receive and investigate complaints of violations of this chapter.
(Ord. 89-206. Passed 4-11-89.)

155.15   VIOLATION PROCEDURE.

In the event that the Contracts Compliance Officer, either on his own initiative or after receiving and investigating a complaint, determines that a violation of any of the terms of this chapter has occurred, he shall attempt to eliminate such violation by means of conference, conciliation, pursuasion [sic] and negotiation and may enter into conciliation agreements with the contractor. If a resolution of such violation cannot be successfully completed and the violation continues, the Contracts Compliance Officer, after first affording such contractor in a reasonable time to correct his situation, shall recommend to the City Manager that he proceed as provided in Section 155.16.
(Ord. 89-206. Passed 4-11-89.)

155.16   FAILURE TO COMPLY; BREACH OF CONTRACT AND TERMINATION.

If a contractor fails, refuses or neglects to comply with any of the terms and conditions of this chapter, such failure shall be deemed a total breach of the contract and such contract may be terminated, cancelled or suspended, in whole or in part, by the City Manager, and such contractor may be declared ineligible for any further City contracts for a period of up to one year. Provided, however, that prior to so terminating, cancelling or suspending any such contract, the City Manager shall apprise the City Commission of his intended action. [sic] If a contract is so terminated, cancelled or suspended, the contractor shall have no claim for damages against the City on account of such termination, cancellation or suspension or declaration of ineligibility.
(Ord. 89-206. Passed 4-11-89.)

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