Laserfiche WebLink
1 <br /> 1 ix. If an MBE is rejected, providing sound reasons for rejection based on a thorough <br /> investigation of the firm; <br /> Ix. Providing payroll records or other evidence showing the percentage of minority <br /> workers employed on the project or the percentage of project hours completed by <br /> minority workers; <br /> Ixi. All other good 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 <br /> Ior his designee. Any changes of the goals shall require a majority vote by Decatur <br /> City Council. <br /> (Amended, Ordinance No. 2020-124, August 3, 2020) <br /> SECTION 10-4. PROGRAM ADMINISTRATION: <br /> IIIA. The Public Works Director, his designee, or third party contractor, shall: <br /> i. Administer and enforce the provisions of this Article; <br /> 4 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 /> I 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 /> I B. The city manager shall establish policies and procedures providing that MBEs <br /> bidding on equipment, supplies and services to be purchased through written <br /> competitive bidding by the city, including public works contracts, can be awarded <br /> I in certain circumstances where they may not be the lowest qualified bidder. <br /> (Amended, Ordinance No. 2020-124, August 3, 2020) <br /> ISECTION 10-5. PENALTIES: <br /> A. If a contractor fails to meet the City's minority participation goals, falsifies MBEs <br /> I documentation, and/or fails to provide evidence of a good faith effort to meet the <br /> goals, the Public Works Director or his designee may, as appropriate: <br /> i. Order immediate corrective action, as appropriate and practicable, to meet the <br /> I 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 /> 1 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 /> I 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 /> I (Amended, Ordinance No. 2020-124, August 3, 2020) <br /> SECTION 10-6. APPEALS: <br /> IThe penalty assessed by the Public Works Director or his designee shall be appealable to the City's <br /> Human Relations Commission. <br /> I 15 <br />