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04/11/2002 23:24 9529300043 LASZLO FULOP PAGE 10121 APPENDIX S The COUN7Y may take such steps as it deems necessary and appropriate to ascertain svbcontractors' compliance with the COUNTY's SBE requirements, and fu�ther, if the COUNTY determines that subcontractor is not in compiiance, the COUNTY may require the CONTRACTOR to take appropriate measures to bring subcontractor into compliance. SAI�ICZ'�S If the S8E utilization goal is not met after contract award/approval, the COUNTY wilt require - CONTRACTOR to successfully demonstrate that good-faith efforts have been made to meet the goal. lf the COUNTY determines that the CONTRACTOR has failed #o demonstrate good faith effores, and/or if the CONTRACTOR has failed to submit infarmation required by the PlTCS, and/or the CONTRACTOR has engaged in discriminatory practices,"` the COUNTY may, in its sole discretion, suspend, cancel or terminate, in whale or in part, the aforesaid contract. Additionally, the COUNTY may, in its sole discretion, withhold up to fifteen (15%) percent of the contract price until such time as the CONTRACTOR is determined to have submit#ed the reqtaired reports and/or information, and/or the CONTRATOR has demonstrated good-faith effo�ts, as determined by #he COUNTY. lf withholding a portion of the contract price is not a teasible alternative, the COUNTY may, in its sole discretion, assess the CONTRACTOR a daily charge for each calendar day that the CONTRACTOFt faifs to comply with COUN7Y S6E requirements. Any monies so assessed shou�d not be construed as a penalty, but as fiquidated damages to compensate the C�UN�TY for the CONTRACTOR'S failure to submit r�quired reports and/or information and/or make good-faith efforts andlor for CONTRACTOR'S discriminatory practices, In any suit inv�lving the assessment or recovery of liquidated damages, the reasonableness of the dai(y charges shall be presumed. The daily charge will be based on the original contract amount and will be in the amount set forth below in the schedule of liquidated damages. ORIGINAL. CONl'RACT AMOUNT CHAF2GE PER CAL�NDAR DAY FROM MORE THAN T�AND INCLUOING � $ 100,000 � $ 150,000 $350 ` $ 150,004 $ 500,000 $500 � $ 500,000 . , $1,000,000 $600 $1,000,000 $2,000,000 - ' $700 $2,000,400 ---------- $1000 The rights and remedies available hereunder shall be in addition to and not a limitation of any rights and remedies otherwise available under the aforesaid contract, (aw, statute, equity, and/or rules. ° A CONTRACTOR will be deemed to have engaged in discriminatory practfces if such a finding is made in a flnal: (1) decision of a hearing or review committee of the MinneapolJs Civil Rights Commission; or (2) determination of an administrative law judge; or (3) orcler of a court, and such finding is not reversed in the cou�se of administrative ar�udicial review. L. Rev. 3/18/02 p.3 of 5