R2019-35 Resolution Accepting the Bid and Authorizing the Execution of a Contract with Christy-Foltz, Inc. for Lake Office Parking and Pier Improvement, City Project 2018-36

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INFORMATION FOR BIDDERS MINORITY PARTICIPATION GOALS FOR PUBLIC WORKS CONTRACTS D. A good faith effort means the contractor took reasonable and necessary steps to achieve the minority participation goals. Good faith means the contractor actively and aggressively sought participation by MBE or minority workers. The City shall consider the quality, quantity and intensity of efforts made by a contractor. E. Evidence of a good-faith effort includes, but is not limited to, as appropriate: (i) Soliciting through all reasonable and available means the interest of MBE and minority workers; (ii) Outreach and recruitment efforts of MBE and minority workers; (iii) Packaging requirements, when feasible, into tasks or quantities that permit maximum participation from MBE and minority workers; (iv) Providing interested MBE and firms that employ minority workers with adequate information about the bidding process, adequate time to respond and assistance in responding to a solicitation; (v) Negotiating in good faith with MBE and firms that employ minority workers; (vi) Assisting interested MBE and firms that employ minority workers in obtaining bonding, lines of credit or insurance; (vii) Assisting interested MBE and firms that employ minority warkers in obtaining necessary equipment, supplies or materials; (viii) Seeking services from available minority community organizations; minority contractors' groups, minority business assistance offices and other organizations, as appropriate, to provide assistance in recruiting MBE and minority workers; (ix) If an MBE or a firm that employs minority workers is rejected, providing sound reasons for rejection based on a thorough investigation of the firm; (x) Providing payroll records or other evidence showing the percentage of minority workers employed on the project or the percentage of project hours completed by minority workers; (xi) All other good faith efforts or evidence of due diligence to meet the City's minority participation goals. F. The minority participation goals shall be reviewed annually by the City Manager or his designee. Any changes of the goals shall require a majority vote by Decatur City Council. SECTION 10-4. PROGRAM ADMINISTRATION: A. The Public Works Director, or his designee, shall: (i) Administer and enforce the provisions of this Article; (ii) Monitor, track and report on contractors over the contract duration to ensure compliance with this Article. SECTION 10-5. PENALTIES: A. If a contractor fails to meet the City's minority participation goals and fails to provide evidence of a good faith effort to meet the goals, the Public Works Director or his designee may, as appropriate: (i) Order immediate corrective action, as appropriate and practicable, to meet the minority participation goals or to show a good faith effort toward meeting the goals; (ii) Assess a fine or penalty not to exceed $2,000 for each offense, and each day on which a violation occurs or continues shall be considered a separate offense; 11