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xi. All otherg ood faith efforts or evidence of due diligence to meet the City's minority <br /> participation goals. <br /> G. The minority participation goals shall be reviewed annually by the City Manager or his <br /> designee. Any changes of the goals shall require a majority vote by Decatur City Council. <br /> (Amended,Ordinance No. 2020-124,August 3, 2020) <br /> SECTION 10-4. PROGRAM ADMINISTRATION: <br /> A. The Public Works Director, his designee,or third party contractor, shall: <br /> i. Administer and enforce the provisions of this Article; <br /> ii. Monitor, track and report on contractors over the contract duration to ensure <br /> compliance with this Article. <br /> iii. Report to the City Council no less than annually on MBE utilization pursuant to <br /> this City Code. <br /> iv. Provide information to MBEs and minority workers about contractors that are <br /> seeking to recruit MBEs and minority workers. <br /> B. The city manager shall establish policies and procedures providing that MBEs bidding on <br /> equipment, supplies and services to be purchased through written competitive bidding by <br /> the city, including public works contracts, can be awarded in certain circumstances where <br /> they may not be the lowest qualified bidder. <br /> (Amended,Ordinance No. 2020-124,August 3,2020) <br /> SECTION 10-5. PENALTIES: <br /> A. If a contractor fails to meet the City's minority participation goals, falsifies MBEs <br /> documentation, and/or fails to provide evidence of a good faith effort to meet the goals, <br /> the Public Works Director or his designee may,as appropriate: <br /> i. Order immediate corrective action, as appropriate and practicable, to meet the <br /> minority participation goals or to show a good faith effort toward meeting the goals; <br /> ii. Assess a fine or penalty not to exceed $2,000 for each offense. Each day on which <br /> a violation occurs or continues shall be considered a separate offense. The assessed <br /> fine or penalty may be deducted and withheld from the unpaid portion of the <br /> contract; <br /> iii. Order that the contractor will not be considered a responsive responsible bidder for <br /> future City projects for a fixed period of time and/or until the contractor provides <br /> evidence of making a good faith effort toward meeting the City's minority <br /> participation goals. <br /> (Amended,Ordinance No. 2020-124, August 3, 2020) <br /> SECTION 10-6.APPEALS: <br /> The penalty assessed by the Public Works Director or his designee shall be appealable to the City's <br /> Human Relations Commission. <br /> 15 <br />