R2016-115 PROJECT MANUAL 2016 MANHOLE REHABILITATION PROJECT (CITY PROJECT 2016-32)

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' , (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, and each day on ' which a violation occurs or continues shall be considered a separate offense; (iii) Withhold the fine or penalty assessed from the unpaid portion of the contract; (iv) Order that the contractor will not be considered a responsive responsible bidder ' for future City projects until the contractor provides evidence of making a good faith effort toward meeting the City's minority participation goals. ' 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: tA. If a coniractor 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 MBE or firms that employ minority workers in response to a good faith effort to secure participation. B. 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; (iv) Evidence the contractor received no proposals or inquiries from qualified MBE or firms that employ minority workers in response to a good faith effort to secure ' participation. 1 ' I, ' ' ' '