R2019-29 Resolution Accepting the Bid and Authorizing the Execution of a Contract with Kinney Contractors, Inc. for 2019 Annual Valve & Hydrant Replacement Project, Various Locations, City Project 2019-23

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(i) Order immediate corrective aciion, as appropriate and practicable, to meet the minority participation goals or to show a good faith effort toward meeting the goals; (i7 Assess a fu►e or penalty not to exceed S2,000 for each offense, and each day on which a violation occurs or continues shall be considered a separate offense; (iii) Withhold the fine or penalty assessed from the unpaid portion of the contract; (iv) Order that the contractor will not be considered a responsive responsible bidder for future City projects until the contractor provides evidence of making a good faith effort towazd meeting the City's minority participation goals. SECTION 10-6. APPEALS: The penalty assessed by the Public Works Director or his designee shall be appealable to the City's Human Relations Cammission. SECTION 10-7.WAIVER: A. [f a coniraetor daes not or cannot meet the City's mi�iority participation gaats for caniracts, it may seek in wriiing a waiver.The waiver request shall include,as appropriate: C) Evidence of the conhactor's good faith efforts to secure participation by MBE and minority workers; (ii) Evidence the contractor received no proposals or inquiries from qualified MBE or firms that employ minority workers in response to a good faith effort to secure participation. B. The Public Works Director or his designee may,at his or her discretion,waive the minority participation goals upon finding: (i) The project is essential for city operations; (ii) Emergency circumstances require a waiver; (iii) Evidence of a good faith effort by the contractor, (iv) Evidence the contractor received no proposals or inquiries from qualified MBE or firms that employ minority workers in response to a good faith effort to secure participation.