R2023-218 Resolution Accepting the Bid and Authorizing the Execution of a Contract with Entler Excavation Company Inc. for the Old King's Orchard Garden, City Project 2023-05

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' ix. If an MBE is rejected providing sound reasons for rejection based on a thorough rejected, g J 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; [This is provided through Prevailing Wage Documentation] xi. All other good faith efforts or evidence of due diligence to meet the City's minority participation goals. G. 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. (Amended, Ordinance No. 2020-124, August 3, 2020) SECTION 10-4. PROGRAM ADMINISTRATION: A. The Public Works Director, his designee, or third party contractor, 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. iii. Report to the City Council no less than annually on MBE utilization pursuant to this City Code. iv. Provide information to MBEs and minority workers about contractors that are seeking to recruit MBEs and minority workers. B. The city manager shall establish policies and procedures providing that MBEs bidding on equipment, supplies and services to be purchased through written competitive bidding by 1 the city, including public works contracts, can be awarded in certain circumstances where they may not be the lowest qualified bidder. (Amended, Ordinance No. 2020-124, August 3, 2020) SECTION 10-5. PENALTIES: A. If a contractor fails to meet the City's minority participation goals, falsifies MBEs documentation, and/or 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. Each day on which ' a violation occurs or continues shall be considered a separate offense. The assessed fine or penalty may be deducted and withheld from the unpaid portion of the contract; iii. Order that the contractor will not be considered a responsive responsible bidder for future City projects for a fixed period of time and/or until the contractor provides evidence of making a good faith effort toward meeting the City's minority participation goals. (Amended, Ordinance No. 2020-124, August 3, 2020) r