R2024-294 Resolution Authorizing a Professional Services Agreement with Christy-Foltz, Inc. to Provide Engineering, Labor and Material to Reinstall a Section of Fish Barrier on Lake Decatur Dam

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intensity of efforts made by a contractor. The city may reject bids where,in the sole opinion of the city,the contractor failed to make a good faith effort. F. 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 and to MBEs and minority workers; iii. Packaging requirements,when feasible,into tasks,quantities or subcontracts that permit maximum participation from MBEs and minority workers; iv. Providing interested MBEs 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 MBEs and firms that employ minority workers; vi. Assisting interested MBEs and firms that employ minority workers in obtaining bonding,lines of credit or insurance; vii. Assisting interested MBEs and firms that employ minority workers 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 MBEs and minority workers; ix. If an MBE 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. 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 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; H-3