R2025-310 Resolution Authorizing the Execution of an Agreement for Faries Parkway Concrete Patching City Project 2025-36

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EXHIBIT E CONTLNUED 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 S2,000 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) SECTION 10-6. APPEALS: The penalty assessed by the Public Works Director or his designee shall be appealable to the City's Human Relations Commission. SECTION 10-7. WAIVER: B. If a contractor does not or cannot meet the City's minority participation goals for contracts, it may seek in writing a waiver. The waiver request shall include, as appropriate: i. Evidence of the contractor's good faith efforts to secure participation by MBE and minority workers; ii. Evidence the contractor received no proposals or inquiries from qualified MBEs or firms that employ minority workers in response to a good faith effort to secure participation. C. The Public Works Director or his designee may, at his or her discretion, waive the minority participation goals upon finding: i. The project is essential for city operations; ii. Emergency circumstances require a waiver; iii. Evidence of a good faith effort by the contractor;