[Amended 3-14-1996 by Ord. No. MC-3186]
In the event of developer/contractor's failure to meet
the requirements of this chapter, the Affirmative Action Officer shall
take the following steps:
A. Issue a written alert notice to a developer/contractor and to appropriate
unions whenever, in his or her opinion, the developer/contractor is
not in compliance with the provisions of this chapter or the rules
and regulations issued pursuant thereto.
B. If the alert notice is not removed within three working days by a
correction of the deficiencies, the Affirmative Action Officer shall
follow up the alert notice by issuing a written violation notice.
Upon the issuance of such notice, the developer/contractor will have
seven working days to correct the violation. If the violation has
not been corrected within that period, the Affirmative Action Officer
will make recommendations to the Review Council of action to be taken
by the City of Camden.
[Amended 3-14-1996 by Ord. No. MC-3186]
Either or both notices described above may be removed by the
Affirmative Action Officer if the developer/contractor meets its obligations
under this chapter or if it presents a satisfactory explanation, in
writing, as to why such compliance is impractical or impossible; provided,
however, that such action by the Affirmative Action Officer shall
be subject to the review of the Affirmative Action Review Council.
In the event that the requirements of this chapter have not
been met by a developer/contractor and it is determined by the Affirmative
Action Review Council that a good faith effort has not been made,
the Affirmative Action Review Council shall recommend to the Business
Administrator and the particular department acting as the funding
source one or more of the following actions:
A. Hold a meeting of all parties to attempt an amicable resolution of
the determination of noncompliance by the Affirmative Action Review
Council.
B. Require the developer/contractor to comply with the terms of this
chapter through the appropriate legal action.
C. Withhold payments under any contract or grant which may be due or
owing to any developer/contractor.
D. Require the developer/contractor to enforce his obligations under
his contract with contractors and subcontractors by litigation at
law or in equity, whichever is appropriate.
E. Recommend termination or suspension of the contracts, in whole or
in part, to the City Council.
F. Take all other actions available at law or in equity for the breach
of this agreement, an act of irresponsibility by the contractor which
the City may take into account in evaluating future bids by that contractor
within the parameters of the Local Public Contract Law of the State
of New Jersey, N.J.S.A. 40A:11-1 et seq.
G. Notify the Affirmative Action Officer of the State of New Jersey
of the developer/contractor's noncompliance.
The use of any or all of the above remedies shall rest within
the discretion of the Business Administrator, with the advice of any
and all department heads which he or she deems fit. Failure to so
act shall not be considered as a waiver of any provision or right
contained within this chapter.