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' <br /> ' APPENDIX S <br /> Page 3 <br /> CONTRACTOR shall insert in all of its subcontracts over $100,000, clauses requiring the subcontractor to: (1) <br /> ' adopt the contract-specific designated goal; (2) submit all information and reports required by Hennepin County; <br /> and (3) comply with all Hennepin County Board policies with regard to SBE utilization. It shall be the <br /> responsibility of the CONTRACTOR to monitor and enforce subcontractor's compliance with this paragraph. <br /> � It is understood, however,that the COIJNTY may take such steps as it deems necessary and appropriate to ascertain <br /> subcontractors' compliance with this paragraph and further, if the COLTNTY determines that subcontractor is not in <br /> � compliance, the COUNTY may require the CONTRACTOR to take appropriate measures to bring subcontractor <br /> into compliance. <br /> ' SANCTIONS <br /> If the aforesaid SBE utilization goal is not met after contract award/approval, the COLJNTY will require <br /> CONTRACTOR to successfully demonstrate that good-faith efforts have been made to meet the goal. If the <br /> � COIJNTY determines that the CONTRACTOR has failed to demonstrate the same, and/or if the CONI'RACTOR <br /> has failed to submit information required by the Manager, and/or the CONTRACTOR has engaged in <br /> discriminatory practices*, the COUNTY may, in its sole discretion, suspend, cancel or terminate, in whole or in <br /> ' part, the aforesaid contract. Additionally, the COLTN'I'Y may, in its sole discretion, withhold up to fifteen (15%) <br /> percent of the contract price until such time as the CONTRACTOR is determined to have submitted the required <br /> reports and/or information, and/or the CONTRATOR has demonstrated good-faith efforts, as determined by the <br /> � COLJNTY. In the event withholding a portion of the contract price is not a feasible alternative, the COUN'I'Y may, <br /> in its sole discretion, assess the CONIIZACTOR a daily charge for each calendar day the CONTRACTOR has not <br /> filed the required reports and/or information and/or has not made good-faith efforts,and/or the CONTR.ACTOR has <br /> ' engaged in discriminatory practices as aforesaid. Any monies so assessed are not to be construed as a penalty, but <br /> as liquidated damages to compensate the COUNTY for the CONTRACTOR'S failure to submit said reports and/or <br /> information and/or make good-faith efforts and/or for CONTRACTOR'S discriminatory practices. <br /> ' In any suit involving the assessment or recovery of liquidated damages, the reasonableness of the daily charges <br /> shall be prestuned. The daily charge will be based on the original contract amount and will be in the amount set <br /> forth below in the schedule of liquidated damages. <br /> � <br /> ORIGINAL CONTRACT AMOUNT CAARGE PER <br /> ' CALENDAR <br /> DAY <br /> FROM MORE THAN TO AND INCLUDING <br /> � $ 100,000 $ 150,000 $350 <br /> $ 150,000 $ 500,000 $500 <br /> � $ 500,000 $1,000,000 $600 <br /> $1,000,000 $2,000,000 $700 <br /> $2,000,000 ------------- $1000 <br /> � The ri hts and remedies available hereunder shall be in addition to and not a limitation of any rights and remedies <br /> g <br /> otherwise available under the aforesaid contract, law, statute,equity, and/or rules. <br /> � * A CONTRACTOR will be deemed to have engaged in discriminatory pracrices if such a finding is made in a final: (1)decision of a hearing or review <br /> committee oi the Minneapolis Civil Rights Commission/Minnesota Department of Human Rights;or(2)determination of an administrarive law judge;or(3) <br /> order ot a court,and such finding is not reversed in the course of administrative or judiciai review. <br /> � <br /> � SBE Program Revised by TCS 9/00 <br />